What is the effect of a procedural error in sentencing a convicted rapist who is unable to make restitution to his victims?

MultiRegion, United States of America

The following excerpt is from United States v. Valente, 19-4161 (2nd Cir. 2021):

the error is clear or obvious, rather than subject to reasonable dispute; (3) the error affected the appellant's substantial rights . . . ; and (4) the error seriously affects the fairness, integrity or public reputation of judicial proceedings.'" Id. (quoting United States v. Marcus, 560 U.S. 258, 262 (2010)). Valente asserts that the district court committed procedural error by sentencing him based on the impermissible consideration that he would be unable to make restitution to his victims. We disagree.

Valente relies on a single statement by the district court during sentencing:

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