United States v. Lee, No. 21-6167 (10th Cir. 2023)
Annotate this CaseThe district court sentenced Defendant Kenneth Lee, but failed to apply U.S.S.G. § 5G1.3(b)(1), which applied to Defendant and provided a downward sentencing adjustment if a defendant already served time for another offense that was relevant conduct to the offense at issue. The Tenth Circuit vacated Defendant’s sentence and remand for resentencing. "We cannot say that the error here did not affect Defendant’s sentence. At the sentencing hearing, the district court said that although it was not inclined to vary downward fifteen months, it had no objection to the BOP giving Defendant credit—hardly a firm declaration that the district court would have imposed the same sentence either way. Because we do not know whether the district court would have imposed a different sentence had it applied U.S.S.G. § 5G1.3(b)(1), we must vacate Defendant’s sentence and remand for resentencing."
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