We accordingly vacate the sentence imposed by the District Court and remand for resentencing. We thus cannot conclude that the district court had "a reasoned basis for exercising its own legal decisionmaking authority." United States v. It did so without explanation, either at the sentencing hearing or in writing when it entered judgment. The district court thus imposed a sentence that was almost double the high end of the Guidelines range. § 7B1.1(a)(3), and had a criminal history category of II, making the Guidelines range four to ten months' imprisonment, id. Finch pled to a Grade C violation, see U.S.S.G. A major departure should be supported by a more significant justification than a minor one." United States v. Second, "hen a district judge deviates from an advisory Guidelines range, it must consider the extent of the deviation and ensure that the justification is sufficiently compelling to support the degree of the variance. Unless otherwise indicated, case quotations omit all internal quotation marks, alterations, footnotes, and citations. The record here does not indicate that the district court calculated or considered the appropriate Guidelines range, as it was not mentioned at the sentencing hearing or in the ultimate judgment. We agree as well.įirst, a "district court commits procedural error where it fails to calculate (or improperly calculates) the Sentencing Guidelines range." United States v. The Government agrees that the sentence was procedurally defective and so should be vacated and remanded. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED AND REMANDED.ĭefendant Jovan Finch appeals from the Februjudgment sentencing him to eighteen months' imprisonment following Finch's admission that he violated the terms of his supervised release by using a controlled substance. DONOGHUE, United States Attorney for the Eastern District of New York, Brooklyn, NY.Īppeal from a judgment of the United States District Court for the Eastern District of New York (Wexler, J.). SCOTTI and AMY BUSA, Assistant United States Attorneys, for RICHARD P. For Appellant: ALAN NELSON, Lake Success, NY. A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.Īt a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 14 th day of January, two thousand nineteen. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. FOR THE COURT: Catherine O'Hagan Wolfe, Clerk
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