U.S. v. De La Cruz

Dist. Ct. did not abuse its discretion in sentencing defendant to 210-month term of incarceration on gang-related racketeering conspiracy charge, even though defendant argued that he was entitled to sentence reduction based on fact that he had served time in state prison on 2008 conviction that formed part of relevant conduct associated with instant charged offense. Section 5G1.3(b) of USSG could not serve as support for instant reduction request, since, contrary to requirements of section 5G1.3(b), defendant had completed service of his sentence on his 2008 conviction at time of instant sentencing hearing. Moreover, while section 5K2.23 of USSG potentially could support instant reduction request even though defendant had completed his sentence on his 2008 conviction, any reduction based on said section was not mandatory, and Dist. Ct. did not abuse its discretion in failing to reduce defendant's sentence, where instant sentence was at bottom of relevant sentencing range, and where defendant had significant criminal history and had attempted to control conspiracy from jail.