Sentencing/Supervised Release – In reducing a defendant’s sentence under the First Step Act, the sentencing court has the discretion to consider the extent to which a reduction to the defendant’s sentence would create “banked time” that could later be used to offset a revocation of their supervised release.
The defendant moved for a reduced sentence under the First Step Act, requesting a lower sentence that what he had already served so that he could “bank” the excess time and later apply it in the event that his term of supervised release was revoked. The district court declined to do so, citing the possibility of “banked time” in its decision to sentence the defendant to time served.
On appeal, the Court affirmed, holding that, while a court has the authority to allow a defendant to “bank time” against a future potential revocation for supervised release, the court does not abuse its discretion by considering the ability to bank time when reducing a defendant’s sentence to time served.
Appeal from the Western District of Virginia
Opinion by Rushing, joined by King and Floyd
Click here to read the opinion.