Friday, July 16, 2021

US v. Williams, No. 20-30201 (7-16-21)(Miller w/Gould & Clifton). The 9th considers a sentence under Supervised Release. A guideline sentence for violating SR by committing another offense is greater if the new crime is punishable by a term of imprisonment exceeding one year (Grade B). But what if the state mandatory guidelines make the maximum sentence under one year even if the stat max is greater? The 9th holds that the mandatory guidelines sentence of under one year controls. The sentencing court had said it would impose the same sentence regardless, but the 9th said “take another look” with the correct guideline range (Grade C). In resentencing, the 9th continues, the court can run the sentence consecutive to a state sentence not yet imposed but cannot run it consecutive to any future federal sentence.

Congrats to Houston Goddard, Fed Def of Eastern Wa (Spokane).

The decision is here:


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