In United States vs. Aminov. No. 17-1703, the Third Circuit reversed a sentence based on plain error.
Aminov was sentenced in 2011 for aiding and abetting in the production of a document without lawful authority. The PSI recommended a Sentencing Guidelines range of 0-6 months instead of the government’s suggested range of 12-16 months. Aminov was sentenced to 6 months imprisonment followed by 3 years of supervised release. He was accused of healthcare fraud while on supervised release and sentenced to 15 months imprisonment. He was then charged with violation of supervised release. He asked for a concurrent sentence, or in the alternative, a consecutive sentence at the low end of the guideline range. The government sought a consecutive sentence at the high end of the guideline range stating in the sentencing memorandum that “[a]t his original sentencing, in this case, the government advocated for a term of imprisonment in the range of 10 to 16 months. Judge Shapiro imposed a sentence below the government’s recommended range. This was repeated in their sentencing closing arguments. The court gave a sentence at the top of the guideline range and said “I am looking back at what Judge Shapiro saw in you and she imposed a below-guideline range sentence, significantly below guideline range sentence. And in return for her doing that, you immediately went back out and engaged in further similar criminal conduct.” No objection was made to this statement.
Aminov appealed his sentence. It was subject to plain error analysis where he must show:
(1) an error; (2) that is plain or obvious; (3) that affects the defendant’s substantive rights; and (4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.
The Third Circuit said that plain error was established here because the range of punishment was not 10-16 months like the prosecutor said, but 0-6 months like what was in the PSI. The district court crafted its sentence in consideration of incorrect facts and committed plain error. It affected the outcome of the district court proceedings because the district court relied on it as support for its sentencing decision and said the same. Finally, allowing a sentence to stand on incorrect information would undermine public confidence in the judicial process.
The Third Circuit vacated and remanded the sentence to the district court for resentencing. No. 17-1703
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