Procedural Error Where District Court Failed To Consider Role Enhancement

United States v. Collazo, No. 06-5236-cr (2d Cir. Jan. 3, 2008) (found here)

The Government appealed the district court's failure to apply a 3 level role enhancement pursuant to U.S.S.G. § 3B1.1(b).  The Second Circuit found that, although the Guidelines are no longer mandatory, courts must still calculate and consider the applicable Guidelines range.  In Collazo, the district court failed to do so when it didn't consider a 3 level manager/supervisor role enhancement.  And, in doing so, it committed procedural error, resulting in a reversal and remand for resentencing.