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Case 22-1426, Document 59, 02/28/2023, 3475902, Page98 of 113 B. Procedural Errors. The Presentence Report (“PSR”), using the 2004 Sentencing Guidelines, initially calculated a guidelines range of 292-365 months, based on a total offense level of 40 and a criminal history category of I, but recommended a downward variance to 240 months’ imprisonment. SH19.'4 The District Court, using the 2003 Guidelines, initially miscalculated the applicable guidelines range. After realizing its error and adjusting to the correct guideline range, the court imposed a sentence above the corrected guidelines range without accounting for the upward variance. The court's initial miscalculation of the guidelines range carried serious consequences for the defendant, as it appears that the court believed it was imposing a guidelines sentence when, in fact, it imposed a sentence above the guideline range. After the court’s calculation error was pointed out, and the range was significantly reduced, the court did not amend its sentence, which then became an upward variance. The PSR delineated mitigating factors and reasons for the downward variance. But the court simply stated that it agreed with the PSR’s recommendation of 240 months, without addressing the variance. The court based its sentencing decision of 240 months on a miscalculation and then adhered to its pre-determined sentence ‘4 Numerical references preceded by “SH” are to the Sentencing Hearing on June 28, 2022. 83 DOJ-OGR-00021145