United States Second Circuit

Defendant's illegal reentry sentence is vacated where, under the discretionary sentencing regime of Booker and its progeny, the harmless error doctrine applied only if the proponent of the sentence convincingly demonstrated both: 1) that the district court would have imposed the same sentence had it not made the error, and 2) that it would have done so for the same reasons it gave at the prior sentencing, and defendant's sentence did not meet this standard.

Appellate Information

• Decided 12/23/2010
• Published 12/23/2010

Judges

• Patrick E. Higginbotham

Court

• United States Second Circuit

Counsel