United States v. Genao, No. 16-924 (2d Cir. 2017)Annotate this Case
The Second Circuit vacated defendant's 46 month sentence after pleading guilty to illegally attempting to reenter the United States after having been deported. Because the sentencing court did not explain the reasoning behind the sentence imposed, or expressly adopt the PSR in open court, and because the factual findings in the PSR were not, by themselves, clearly adequate to support the sentence, the court concluded that defendant's sentence was procedurally unreasonable and that the sentencing judge therefore erred in calculating the Guidelines range. Because the court vacated defendant's sentence as procedurally unreasonable, the court need not address defendant's alternate argument that his sentence was substantively unreasonable. The court remanded for resentencing.