Justia Opinion Summary and Annotations

Rosales-Mireles pleaded guilty to illegal reentry into the U.S. The presentence report mistakenly counted a misdemeanor conviction twice, yielding a Guidelines range of 77-96 months; the correctly calculated range would have been 70-87 months. Rosales-Mireles did not object and was sentenced to 78 months of imprisonment. On appeal, Rosales-Mireles first challenged the incorrect Guidelines range. The Fifth Circuit applied the “Olano” factors and found that the error was plain and affected Rosales-Mireles’ substantial rights because there was a “reasonable probability that he would have been subject to a different sentence but for the error” but concluded that Rosales-Mireles had not established that the error would seriously affect the fairness, integrity, or public reputation of judicial proceedings because neither the error nor his sentence “would shock the conscience.” The Supreme Court reversed. A miscalculation of a Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights requires a court of appeals to exercise its discretion under Federal Rule of Criminal Procedure 52(b) to vacate the sentence in the ordinary case. The Fifth Circuit’s shock-the-conscience standard too narrowly confines judicial discretion. It is not reflected in Rule 52(b), nor in the Supreme Court’s application of the plain-error doctrine. An error resulting in a higher sentencing range usually establishes a reasonable probability that a defendant will serve a prison sentence greater than “necessary” to fulfill the purposes of incarceration, 18 U.S.C. 3553(a). That risk of unnecessary deprivation of liberty particularly undermines the fairness, integrity, or public reputation of judicial proceedings. Because any exercise of discretion at the fourth prong of Olano requires “a case-specific and fact-intensive” inquiry, countervailing factors may satisfy a court that the fairness, integrity, and public reputation of the proceedings will be preserved without correction, but there are no such factors here. A court of appeals can consider a sentence’s substantive reasonableness only after finding that the district court committed no significant procedural error.

Annotation

Primary Holding

A miscalculation of a Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Rule 52(b) to vacate the defendant’s sentence in the ordinary case.