United States v. Kiefer

LOKEN, Circuit Judge.

In this appeal, Ronald Joseph Kiefer argues that when the district court reduced his *875sentence under U.S.S.G. § 5G1.3(b) for time served in state prison, it erred by refusing to go below the applicable mandatory minimum. This issue requires us to reconcile a mandatory minimum statute, 18 U.S.C. § 924(e)(1), and the Guidelines provisions for concurrent sentencing. Concluding that the district court has more discretion under the Guidelines than it perceived, we rémand for resen-tencing.

Kiefer was apprehended in February 1992 after robbing a St. Paul, Minnesota, restaurant…