Resentencing Rules: Deducting Time Served Under Illegal Sentences.
This bill changes how federal courts calculate new sentences when an original sentence was found to be illegal. If a court must resentence an individual, it must subtract the time served under the illegal portion of the previous sentence from the maximum possible new sentence allowed by sentencing guidelines. This ensures that individuals whose sentences were flawed receive credit against the maximum potential new term.
Key points
Establishes new rules for federal courts during the resentencing process when an original sentence was imposed in violation of law.
Courts must deduct time served under the illegal portion of the original sentence from the upper limit of the new sentencing guidelines.
The deduction is capped at 10 years for each term of imprisonment that was imposed illegally.
Expired
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