United States v. Gutierrez

JOSÉ A. CABRANES, Circuit Judge:

We consider whether a sentencing court’s decision to vacate its original sentence because defense counsel had not been afforded an opportunity to argue for a lesser sentence — as required by Rule 32 of the Federal Rules of Criminal Procedure — and the court’s subsequent decision to adhere to the original sentence after hearing arguments from both sides, renders the sentence imposed procedurally unreasonable. See Fed.R.Crim.P. S2(i)(4)(A)(i) (“Before imposing sentence, the court must: (i) provide the defendant’s attorney an opportunity to speak on the…