Rico v. United States · ¶41

In determining the length of petitioner's new term of imprisonment, the judge turned first to the Sentencing Guidelines. Without the January 2022 drug offense, the sentencing range recommended by the Guidelines was 8 to 14 months, but with the drug offense the range jumped to 33 to 36 months. The judge started with the higher range, but he made a large downward “variance” and set her sentence at 16 months, just 2 months longer than the top of the range that would have applied if the drug offense were disregarded.

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