United States v. Ramos, No. 19-4373 (2d Cir. 2020)
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The Second Circuit affirmed defendant's 24-month sentence following a violation of supervised release, holding that calculation of the term of imprisonment under USSG 7B1.1(a)(1)(B) includes state law enhancements that increase the maximum penalty for recidivists. Therefore, defendant's crime of second-degree manslaughter was "punishable by a term of imprisonment exceeding twenty years" – a Grade A violation under section 7B1.1(a)(1)(B).
The court also concluded that the district court did not err in calculating the applicable Sentencing Guidelines range, and disagreed with defendant's assertions that the district court committed other procedural errors during the sentencing hearing. In this case, defendant's procedural challenges essentially reduce down to two main points: the district court based its sentencing decision on improper evidence and the district court primarily sentenced her based on the severity of her state offense and not her breach of trust. The court concluded that neither of these arguments has merit.
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