Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines?

MultiRegion, United States of America

The following excerpt is from United States v. Nelson, 14-1472 (2nd Cir. 2015):

otherwise. The presumption is especially forceful when, as was the case here, the sentencing judge makes abundantly clear that she has read the relevant submissions and that she has considered the 3553(a) factors."), abrogated on other grounds by Rita v. United States, 551 U.S. 338 (2007)

"While we have declined to adopt a per se rule, we recognize that in the overwhelming majority of cases, a Guidelines sentence will fall comfortably within the broad range of sentences that would be reasonable in the particular circumstances." United States v. Ingram, 721 F.3d 35, 36 (2d Cir. 2013) (per curiam) (internal quotation marks and alterations omitted). The record reveals no exceptional circumstance that renders the district court's exercise of its discretionary sentencing authority unreasonable.

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