United States v. Ronald Samuel Jackson (4th Cir. March 2020)

The Federal Docket

March 17, 2020

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served so that he could “bank” the excess time and later apply it in the event that his term of supervised release was revoked.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.

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

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