U.S. v. Pietkiewicz

Dist. Ct. erred in sentencing defendant to 71-month term of incarceration on mail fraud charge where said sentence was enhanced in part on defendant’s prior conduct that resulted in 6-month sentence on Ohio charge. Sections 5G1.3 and 5K2.23 of USSG instruct Dist. Ct. to consider downward variances if defendant’s sentence takes into account conduct for which defendant had received prior sentence, and Dist. Ct. failed to provide any explanation for denying defendant’s request for sentence reduction based on said Ohio imprisonment. On remand, Dist. Ct. is free to find that Ohio offense had no impact on instant sentence.