20-446 United States v. Rendon-Reyes UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for the Second Circuit, 2 held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of 3 New York, on the 10th day of May, two thousand twenty-three. 4 5 PRESENT: 6 GUIDO CALABRESI, 7 MICHAEL H. PARK, 8 STEVEN J. MENASHI, 9 Circuit Judges. 10 _____________________________________ 11 12 United States of America, 13 14 Appellee, 15 16 v. 20-446 17 18 Francisco Rendon-Reyes, 19 20 Defendant-Appellant. * 21 _____________________________________ 22 23 * The Clerk of Court is respectfully directed to amend the caption accordingly. 1 FOR APPELLEE: Kevin Trowel, Gabriel K. 2 Park, Assistant United States 3 Attorneys, for Breon Peace, 4 United States Attorney for 5 the Eastern District of New 6 York, Brooklyn, NY. 7 8 FOR DEFENDANT-APPELLANT: Yuanchung Lee, Federal 9 Defenders of New York, Inc., 10 New York, NY. 11 12 Appeal from a judgment of the United States District Court for the Eastern District of New 13 York (Korman, J.). 14 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND 15 DECREED that the restitution judgment of the district court is VACATED and REMANDED. 16 Francisco Rendon-Reyes operated an international sex-trafficking ring with his family. 17 He pleaded guilty to racketeering in violation of 18 U.S.C. § 1962(c) and to interstate prostitution 18 of Jane Doe #10 in violation of 18 U.S.C. § 2422(a). At his plea hearing, Rendon-Reyes 19 allocuted to two predicate racketeering acts: participation in the sex trafficking of Jane Doe #2 in 20 violation of 18 U.S.C. § 1591(a)(1), (a)(2), and the interstate prostitution of Jane Doe #10 in 21 violation of 18 U.S.C. § 2422(a). The district court (Korman, J.) proceeded to sentence Rendon- 22 Reyes to 108 months’ imprisonment. The district court and both parties believed that restitution 23 was mandatory under either 18 U.S.C. § 3663A or 18 U.S.C. § 1593. 1 The district court thus 24 imposed restitution in the amount of $157,500. On appeal, the parties agree that restitution was 25 not mandatory, and that the district court plainly erred in failing to recognize its discretion. We 1 Rendon-Reyes’s plea agreement cited 18 U.S.C. §§ 3663A, 3664, while the government’s sentencing and restitution submissions cited 18 U.S.C. § 1593. The district court’s proposed restitution order, which it later adopted without objection, did not cite either statute. …
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