United States v. Alfonso McKenzie, No. 22-1954 (8th Cir. 2023)
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Defendant was sentenced to 30 months of imprisonment after McKenzie pled guilty to failure to register as a sex offender in violation of 18 U.S.C. 2250(a). Defendant appealed, arguing the district court incorrectly applied U.S.S.G. 5G1.3(b) by failing to account for the time he had served in Florida for a related state offense.
Agreeing with Defendant, the Eighth Circuit reversed Defendant's sentence, finding that the district court did not reduce the sentence after finding the time served in Florida was for relevant conduct. Thus, the Eighth Circuit vacated Defendant's sentence and remanded for clarification.
Court Description: [Melloy, Author, with Grasz and Kobes, Circuit Judges] Criminal case - Sentencing. The district court erred by failing to account for time defendant had served in Florida for a related state offense after finding the time served in Florida was for relevant conduct; sentence vacated and the matter remanded for resentencing in light of Guidelines Sec. 5G1.3.
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