How do we review sentencing determinations for both substantive and procedural reasonableness?

MultiRegion, United States of America

The following excerpt is from United States v. Kanagbou, No. 16-2937-cr (2nd Cir. 2018):

We review sentencing determinations for both substantive and procedural reasonableness. United States v. Cavera, 550 F.3d 180, 189-90 (2d Cir. 2008) (en banc). Likewise, "[w]e review the district court's decision to admit or exclude expert testimony under a highly deferential abuse of discretion standard." Zuchowicz v. United States, 140 F.3d 381, 386 (2d Cir. 1998). In undertaking this review, we assume the parties' familiarity with the facts and the record of prior

Page 3

proceedings, which we reference only as necessary to explain our decision to affirm the district court's decision.

Other Questions


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)
What is the burden of substantive reasonableness review on a sentence that is substantively unreasonable? (MultiRegion, United States of America)
How do we review a sentence on appeal for procedural and substantive reasonableness? (MultiRegion, United States of America)
What is our review of sentencing decisions for procedural and substantive reasonableness? (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)
When reviewing a criminal sentence for substantive reasonableness, what is the current standard of review and what are the implications of this? (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)
What is the test for determining the substantive reasonableness of a sentence that is substantially unreasonable? (MultiRegion, United States of America)
What is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (MultiRegion, United States of America)
What is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.