The following excerpt is from USA v. Dorvee, 616 F.3d 174 (2nd Cir. 2010):
The district court's miscalculation of the Guidelines sentencing range carried serious consequences for the defendant. See United States v. Fagans, 406 F.3d 138, 141 (2d Cir.2005) ([A]n incorrect calculation of the applicable Guidelines range will taint not only a Guidelines sentence, if one is imposed, but also a non-Guidelines sentence, which may have been explicitly selected with what was thought to be the applicable Guidelines range as a frame of reference.). 4 It appears that the district
[616 F.3d 182]
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