Eleventh Circuit - General Application Issues

United States v. Henry, 968 F.3d 1276 (11th Cir. 2020). A sentence adjustment under §5G1.3(b) remains mandatory after Booker. The court must first select the appropriate sentence—whether above, below, or within the Guideline range—and then adjust it for time served in state custody.

United States v. Green, 969 F.3d 1194 (11th Cir. 2020). The court committed procedural error by failing to explain its sentence (adopting the parties’ Guidelines calculation at sentencing and then stating, at a hearing four days after sentencing, that it treated the parties’ agreement as a joint motion for a downward variance) and relying on a clearly erroneous fact (finding that the defendant participated in a murder, despite evidence that it would have been impossible).

United States v. Henry, 1 F.4th 1315, (11th Cir. 2021). A court is required to consider USSG §5G1.3(b)(1) (adjustments for time served on an undischarged term of imprisonment) when determining the sentence. However, the guideline is not mandatory, and the court is free to impose any sentence it deems appropriate.