United States v. Rosa, No. 17-2004 (2d Cir. 2020)
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Where a district court offers no explanation for its sentence, and where neither the adopted presentence report nor the statement of reasons adequately demonstrates the court's reasoning, the court has committed plain error in violation of 18 U.S.C. 3553(c).
The Second Circuit vacated defendant's sentence for conspiracy to commit wire fraud and aggravated identity theft. The court held that the district court failed to state its reasons for sentencing defendant as required under section 3553(c); the error is clear or obvious; and the error affected defendant's substantial rights. Accordingly, the court remanded for resentencing.
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