United States v. Wagner-Dano, No. 10-4593 (2d Cir. 2012)
Annotate this CaseDefendant pleaded guilty to wire fraud and subsequently appealed her sentence of principally 78 months' imprisonment. Defendant argued that her sentence was procedurally defective and substantively unreasonable. Defendant argued that the district court procedurally erred by: (1) inadequately considering the 18 U.S.C. 3553(a) sentencing factors; and (2) neglecting to address several of her objections to the Presentence Investigation Report, allegedly in violation of Federal Rule of Criminal Procedure 32(a)(3)(B). The court held that because defendant did not raise either procedural objection before the district court, the court's review was restricted to plain error. The court further concluded that neither alleged procedural defect amounted to plain error. Because the court also concluded that the sentence chosen by the district court was substantively reasonably, the court affirmed the judgment.
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