Federal Judiciary

United States v. DeSilva, Docket No. 09-2988-cr (2d Cir. July 28, 2010) (found here)

Different that the reversals in the context of child exploitation crimes like that in Dorvee, the Second Circuit reversed DeSilva's sentence as procedurally unreasonable.  In particular, it held that "the District Court committed procedural error by engaging in clearly erroneous fact-finding at defendant's sentencing when it relied upon a psychologist's report -- which was prepared for use at a pretrial bail hearing -- to find that defendant, an admitted child molester, posed no danger to the community."  It further found that "[a]lthough a psychologist's report may provide mitigating evidence for the court's consideration during sentencing, the court must still conduct an independent evaluation of the defendant in light of the factors set forth in 18 U.S.C. § 3553(a)."