United States v. Roccisano, No. 10-5237 (2d Cir. 2012)Annotate this Case
Defendant pleaded guilty to illegal reentry in violation of 8 U.S.C. 1326(a) and (b)(2). On appeal, defendant contended that the district court miscalculated his applicable sentencing range under the Guidelines range by including a two-point criminal history enhancement for his commission of his offense while on a term of supervised release. The court held that a term of supervised release did not terminate upon a defendant-alien's deportation for purposes of calculating a defendant's applicable sentencing range under U.S.S.G. 4A1.1(d). The court further held that the district court did not erroneously take into account unproven relevant conduct in fashioning its sentence, nor was the district court's sentence substantively unreasonable in light of defendant's personal circumstances. Accordingly, the court affirmed the judgment.