United States v. Kerr

── United States v. Kerr ── Case No.: 25-1062 Court: Court of Appeals for the Second Circuit Date: March 23, 2026 Category: General 25-1062 United States v. Kerr 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 TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of The United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 23rd day of March, two thousand twenty- six. PRESENT: DENNIS JACOBS, RICHARD C. WESLEY, BETH ROBINSON, Circuit Judges. _________________________________________ UNITED STATES OF AMERICA, Appellee, v. No. 25-1062 KAMAL KERR, Defendant-Appellant, ALTON RODRIGUEZ, JONATHAN BUN, AKA CAMBO, RAESHAUN WIGGINS, AKA SLEEPY,  Defendants. * _________________________________________ FOR APPELLEE: JOSEPH ZABEL, Assistant United States Attorney (Nathan Rehn, Assistant United States Attorney, on the brief), for Jay Clayton, United States Attorney for the Southern District of New York, New York, NY. FOR DEFENDANT-APPELLANT: SUSAN JEWELL WALSH, Vladeck, Raskin & Clark, P.C., New York, NY. Appeal from a judgment of the United States District Court for the Southern District of New York (Gardephe, Judge). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment entered on April 25, 2025, is AFFIRMED. In 2013, Defendant-Appellant Kamal Kerr was sentenced to forty-five months’ imprisonment and four years of supervised release for a drug crime. After his release from prison and while on supervised release, Kerr was arrested in October 2019 by New York authorities for a number of serious charges, * The Clerk’s office is respectfully directed to amend the caption as reflected above. 2 including attempted murder and arson. According to the state indictment, the day after Kerr and his girlfriend argued over her desire to end the relationship, he poured lighter fluid through her window and ignited it while she, their child, and others were inside. Kerr pled guilty to arson in the third degree and was sentenced in state court to four-to-eight years’ imprisonment. A federal warrant was issued for Kerr’s violation of the terms of his supervised release in early 2020. Following the completion of his state sentence, Kerr was taken into federal custody. He pled guilty to a violation of his supervised release in April 2025 and was sentenced shortly thereafter. Kerr appeals from the district court’s judgment revoking his term of supervised release and imposing twenty-one months’ imprisonment to be followed by two years of supervised release. Kerr argues that the district court erred by considering the retributive factors listed under 18 U.S.C. § 3553(a)(2)(A) in imposing sentence, over