United States v. White, No. 15-3254 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence of 152 months in prison, holding that the district court correctly determined that 18 U.S.C. 3582(c)(2) and USSG 1B1.10 forbid the court to reduce defendant's sentence below the amended guideline range. The court also held that an undischarged term of imprisonment thus did not factor into a court's determination of an amended guideline range in a section 3582(c)(2) proceeding, and it did not justify fixing a term of imprisonment that was less than the amended range.
Court Description: Colloton, Author, with Smith, Chief Judge, and Loken, Circuit Judge] Criminal case - Sentencing. The district court correctly determined that 18 U.S.C. Sec. 3582(c)(2) and Guidelines Sec. 1B1.10 forbade the court from reducing defendant's sentence below the amended guidelines range; an undischarged term of imprisonment does not factor into a court's determination of an amended guideline range in a Section 3582(c)(2) proceeding, and it does not justify fixing a term of imprisonment that is less than the amended range.
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