United States v. Helm, No. 17-1284 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of defendant's motion for a sentence reduction under 18 U.S.C. 3582(c)(2). The court held that defendant was not eligible for a reduction where the district court correctly concluded that USSG 5G1.3(b) and a sentence adjustment for time served on an undischarged term of imprisonment did not enter into the calculation of Helm’s amended guideline range. Therefore, defendant's current sentence of 96 months was less than his amended guideline range of 110 to 137 months.
Court Description: Colloton, Author, with Gruender, Circuit Judge, and Reade, District Judge] Criminal case - Sentencing. The district court did not err in denying defendant's motion for a reduction of sentence under 18 U.S.C. Sec. 3582(c)(2); the district court correctly concluded that Guidelines Sec. 5G1.3(b)and a sentence adjustment for time served on an undischarged term of imprisonment did not enter into the calculation of defendant's amended guidelines range; as a result, his current 96-month sentence is less than his amended guidelines range of 110 to 137 months, and he was ineligible for a reduction under Sec. 3582(c)(2).
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