United States v. Gilbert Brito

The key issue in this appeal is whether the phrase “term of imprisonment” in 18 U.S.C. § 3582(c)(2) and the federal Sentencing Guidelines includes time already served in state custody such that the court is not bound by the guideline minimum. The majority says yes, but I respectfully dissent. The statute relates to reduction of an original sentence based on retroactive changes to the Guidelines. However, the Guidelines affirmatively prohibit reducing the “term of imprisonment” below the lower end of the' amended guideline range.1 The majority offers no precedent on this “term of imprisonment”…