U.S. v. Robinson

Dist. Ct. erred in sentencing defendant to three consecutive terms of incarceration totaling 80 years following defendant’s request to retroactively reduce his 100-year term of incarceration on drug distribution and possession charges, where Sentencing Commission retroactively reduced his base offense level under Amendment 782 of sentencing guidelines. In imposing 80-year sentence, Dist. Ct. was under erroneous belief that it was required to impose consecutive sentences, where, under Amendment 782, Dist. Ct. could have imposed concurrent sentence of 30 years on each count. Fact that defendant’s counsel misinformed Dist. Ct. that all three sentences had to run consecutively did not require different result. Thus, remand was required for determination as to whether defendant’s three sentences should run consecutively or concurrently.