United States v. Dillon, No. 12-2653 (3d Cir. 2013)
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In 1993, Dillon and Lollis were convicted of conspiracy to distribute more than 50 grams of crack and 500 grams of cocaine, 21 U.S.C. 846; use of a firearm, 18 U.S.C. 924(c)(1); and possession with intent to distribute 500 grams or more of cocaine, 21 U.S.C. 841(a)(1). The district court imposed a prison sentence of 262 months for two counts and 60 months for another, to be served consecutively, with five years of supervised release--the minimum under then-mandatory Sentencing Guidelines. The crack guidelines were amended in 2008 and 2011. Dillon’s sentence was reduced, first to 270 months, and then to time served. Dillon served 28 months more than called for by amended guidelines. While on supervised release, he was arrested when Lollis’s car, in which he was riding, was found to contain more than 65 pounds of marijuana. The court noted that under U.S.S.G. 7B1.4(a), the recommended sentence was four to 10 months, but imposed a term of 24 months: one month at Count 1, 11 months at Count 2, and 12 months at Count 4, with supervised release for 59 months. The Third Circuit vacated and remanded for resentencing. The erroneous multiple-terms sentence was prejudicial due to its implications for a hypothetical second revocation of supervised release.
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