When a federal court makes a mistake in its Guidelines calculation for a sentence, can the sentence be vacated or remanded?

MultiRegion, United States of America

The following excerpt is from United States v. Kent, 821 F.3d 362 (2nd Cir. 2016):

We review a sentence for both procedural and substantive reasonableness. United States v. Cavera, 550 F.3d 180, 189 (2d Cir.2008) (en banc). When a district court makes a mistake in its Guidelines calculation, this constitutes a procedural error. Id. at 190. If we identify procedural error in a sentence, but the record indicates clearly that the district court would have imposed the same sentence in any event, the error may be deemed harmless, avoiding the need to vacate the sentence and to remand the

[821 F.3d 368]

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