United States v. Singh, No. 16-1111 (2d Cir. 2017)Annotate this Case
The Second Circuit vacated defendant's sentence of 60 months in prison, nearly three times the top of the Guidelines range, after he pleaded guilty to one count of illegally reentering the United States after having been removed following a conviction for an aggravated felony. In the context of the Sentencing Commission's statistics for illegal reentry cases and all the circumstances here, the court was not persuaded that the justification offered by the district court was sufficient to support the magnitude of the variance. The court also held that there may have been factual errors in the district court's discussion of the record and the district court's reluctance to credit defendant's acceptance of responsibility (although it did so in the end) suggested that the district court may have conflated defendant's statements in mitigation with a failure to accept responsibility. Accordingly, the court remanded for resentencing.