United States v. Rivera, No. 13-2722 (2d Cir. 2015)
Annotate this CaseDefendants appealed their convictions for sex trafficking, forced labor, and alien harboring and transportation charges. The court held that the district court's exclusion of evidence of the victims’ other sexual behavior did not violate defendants’ right to present a complete defense and to confront witnesses. The court also concluded that, while the sex trafficking jury charge was error, that error, given the evidence in this case, was harmless. However, the court concluded that the sentences imposed were procedurally unreasonable. The Government concedes that certain of the sentences imposed exceeded the statutory maximum and thus constitute procedural error warranting remand as to those sentences. The court further concluded that there were additional procedural errors in the sentencing proceeding, including an incorrectly imposed mandatory minimum, and a full resentencing is warranted. Accordingly, the court affirmed the convictions, and vacated the sentences, remanding for resentencing.
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