United States v. Singh

877 F.3d 107
CourtCourt of Appeals for the Second Circuit
DecidedDecember 12, 2017
DocketDocket No. 16-1111-cr
StatusPublished
Cited by49 cases

This text of 877 F.3d 107 (United States v. Singh) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Singh, 877 F.3d 107 (2d Cir. 2017).

Opinion

CHIN, Circuit Judge:

In this case, defendant-appellant Latch-man Singh pleaded guilty to one count of illegally reentering'the United States after having been removed following a conviction for an aggravated felony. His Guidelines range was 15 to 21 months’ imprisonment, and both the government and the Probation Office recommended ‘ a within-Guidelines sentence. The district court, however, sentenced Singh to a term of imprisonment, of 60 months—nearly three times the top of the Guidelines range.

Singh appeals, contending that the sentence was both procedurally and substantively unreasonable. For the reasons set forth below, we vacate the sentence and remand- for further proceedings. Singh’s request that we order reassignment of the case to a different judge is denied.

BACKGROUND

A. The Facts

The facts are largely undisputed and are summarized as follows:

1. Singh’s Personal History

Singh was born in Guyana on September 9,1971, and has never been a citizen of the United States. He was one of five children, and he and his family moved to the United States when he was still a child. After residing with Singh’s uncle in Florida for a year, the- family moved to New York City. Although his parents separated, they both still live in the Bronx. Three of his siblings also live in the Bronx, and one lives in upstate New York.

In 1997, Singh married a woman who was a permanent resident of the United States. Together they had a daughter, now approximately seventeen years old. Before his arrest, he lived with his wife and their daughter in the Bronx and had a positive relationship with both.

2. The Offense Conduct

Singh was convicted in. the Southern District of New York of larceny and postal theft on February 22, 1995. He was thereafter sentenced to twelve months’ imprisonment. The conviction qualified as an aggravated felony within the meaning of 8 U.S.C, § 1326(b). On December 21, 2004, an immigration judge ordered Singh removed from the United States, and he was eventually removed from the country on April 9, 2010.

At some point after his removal, Singh illegally reentered the United States, and he was arrested by the New York City Police Department (the “NYPD”) in the Bronx on February 9, 2012. On March 21, 2012, he was again ordered removed from the country based on the reinstatement of his earlier removal order. On May 16, 2012, he was once again removed from the United States.

, At some point thereafter, Singh illegally reentered the United States again, as on June 26, 2014, he was arrested, once again, by the NYPD in the Bronx. This was his second illegal reentry into this country. Federal agents took him into custody on July 21,2015.

3. Singh’s Criminal History

In addition to the 1995 conviction for larceny and-postal theft, Singh had been convicted of seven other crimes when he appeared for sentencing in this case:

• a conviction in-1993 for possession of stolen property (stolen mail) for which he was sentenced to a $100 fine;
• two convictions in 1994 for receiving stolen- property for which' he was sen-fenced to concurrent terms of imprisonment of 3 months and- home confinement of 3 months; '
• a conviction in 2002 for forgery for which he received a conditional discharge and was sentenced to a $500 ' fine;1
• a conviction in 2002 for petit lárceny for which he received a conditional discharge;
• a conviction in 2012 for shoplifting for which he was sentenced to time served (72 days) and 10 hours of community service; and
• a conviction in 2014 for petit larceny for which he received a conditional discharge.

B. The Proceedings Below

In an indictment filed August 17, 2015, Singh was charged with one count of illegal reentry into the United' States after having been removed following a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a) and (b)(2). On December 21, 2015, Singh appeared before Magistrate Judge Henry B. Pitman and pleaded guilty >to the sole count of the Indictment, -without a plea agreement. Judge Pitman recommended that the district court accept the plea. The district court accepted the plea by order filed January 12, 2016.

On March 18, 2016, the Probation Office submitted a Presentence Investigation Report (the “PSR”) in anticipation of sentencing. The Probation Office computed the Total Offense Level as 13, based on a base level for illegal reentry of 8; an 8-level increase because Singh was deported following a conviction for an aggravated felony; and a 3-level reduction for acceptance of responsibility. The PSR noted that Singh had “clearly demonstrated acceptance of responsibility for the offense” and had “assisted authorities in the investigation or prosecution of [his] own misconduct by timely notifying authorities of the intention enter a plea of guilty.” PSR, ¶¶ 36, 37. The Probation Office noted that Singh had eight prior convictions, as discussed above, but concluded that the convictions resulted in only three criminal history points, placing Singh in Criminal History Category II. Six of the eight convictions carried zero criminal history points.2 See U.S. Sentencing Guidelines Manual § 4A1.2(e)(l), (2), (3). The PSR calculated a Guidelines range of imprisonment of 15 to 21 months and recommended a sentence of 21 months.

Singh submitted a sentencing memorandum, with attachments, including letters from his family, and requested a below-Guidelines sentence of time served (he had served almost nine months). The government submitted a sentencing letter requesting a sentence “within the applicable Guidelines range of 15 to 21 months’ imprisonment,” stating that “such a sentence would be sufficient but not greater than necessary to serve the legitimate purposes of sentencing.” App. at 79, 82, The government agreed with the Probation Office’s calculation of Singh’s recommended sentence, which included a three-level reduction “based on the defendant’s acceptance of responsibility.” Id. at 80.

By letter dated February 16, 2016, Singh wrote directly to the district court. The letter stated in part as follows:

Your Honor I’m So Sorry For my Action or wrongdoing. I’ve Realise my Action were wrong. I’ve causes the courts and the citizen of United States, Also my Family allot of pain and trouble. Your Honor I’ve Hurts my Daughter, wife, mother, Father and Family Feeling so much.
Your Honor at the time of all my conviction in the past, I’ve allot of Bad Friend and Company who I follow and do bad thing. Your Honor I wasn’t thinking what I was getting into or doing. I Follow my Friend and take thing playful and Funny.

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Bluebook (online)
877 F.3d 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-singh-ca2-2017.