[RedBean]

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From what I've read so far, this loophole only works if you get a 30+ month sentence, so it is doubtful he will qualify for it.

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It's not outside the realm of possibility that the heavy handed sentencing judge could have forgone the prosecutions recommendation and given him the max 5 year stint.

If this loophole holds water, that's off the table, and the effective max theoretical term is less than it was before.

It may not factor in at all, and it may increase an otherwise potential lenient sentence....but if nothing else, it appears to be a solid hedge against the theoretical maximum.