United States v. Jose Antonio Gonzalez-Murillo

Two sentencing guidelines diverge in how they treat time spent in state custody on relevant conduct that is accounted for in a defendant’s federal sentence, and that makes all the difference in this case.1 U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 5G1.3(b) requires the district court to “adjust” a defendant’s sentence to credit him for time served in state custody on relevant conduct covered by his federal sentence — but only when the defendant has undischarged time remaining on his state sentence. Meanwhile, U.S.S.G. § 5K2.23 allows a district court to exercise discretion to “depart[…