A federal appeals court has ruled that a defendant must be resentenced because a judge mistakenly adopted an inconsistent Probation Department report, holding that the error was so serious that it did not matter that the defendant’s counsel did not challenge the deficiencies.
Weighing an issue of first impression, a unanimous panel of the U.S. Court of Appeals for the Second Circuit said in United States v. Reyes, 10-1400-cr, that the error of Southern District Judge Loretta Preska (See Profile) in sentencing Raul Reyes as a career criminal “affected his substantial rights” because it resulted in an elevated offense level and potentially a longer sentence. He was sentenced to 188 months.
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