How do we review a sentencing decision for procedural reasonableness?

MultiRegion, United States of America

The following excerpt is from United States v. Ortiz, 20-2185-cr (2nd Cir. 2021):

We review a district court's sentencing decision for procedural reasonableness "under a deferential abuse-of-discretion standard." United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (quotation marks omitted). A sentencing court makes a procedural error if, among other things, it "fails adequately to explain its chosen sentence," including "any deviation from the Guidelines range." Id. at 190 (quotation marks omitted). "Where, as here, a defendant does not object at sentencing to a district court's failure to explain its reasoning, we review the procedural challenge for plain error." United States v. Smith, 949 F.3d 60, 66 (2d Cir. 2020).

Other Questions


What is our review of sentencing decisions for procedural and substantive reasonableness? (MultiRegion, United States of America)
When reviewing a sentence on appeal, can the Court consider whether the sentence was based on procedural error rather than substantive reasonableness? (MultiRegion, United States of America)
When reviewing whether a sentence is procedurally reasonable, does the judge have to presume otherwise that a sentencing judge has faithfully discharged her duty? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
How do we review sentencing determinations for both substantive and procedural reasonableness? (MultiRegion, United States of America)
What is the standard of review when reviewing sentencing guidelines in the context of sentencing calculations? (MultiRegion, United States of America)
In reviewing a sentence for substantive reasonableness, does the Court have any authority to set aside the sentence? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
How have courts reviewed criminal sentences for procedural reasonableness under the abuse of discretion standard? (MultiRegion, United States of America)
How do we review a federal district court's sentencing decision for procedural error? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.