In reviewing a sentence for substantive reasonableness, does the Court have any authority to set aside the sentence?

MultiRegion, United States of America

The following excerpt is from United States v. Goffer, Docket No. 11-3591-cr(L) (2nd Cir. 2013):

In reviewing a sentence for substantive reasonableness, we do "not substitute our own judgment for the district court's on the question of what is sufficient to meet the [18 U.S.C.] 3553(a) considerations in any particular case." Cavera, 550 F.3d at 189 (citing United States v. Fernandez, 443 F.3d 19, 27 (2d Cir. 2006)). "We will instead set aside a district court's substantive determination only in exceptional cases where the trial court's decision 'cannot be located within the range of

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permissible decisions.'" Id. (quoting United States v. Rigas, 490 F.3d 208, 238 (2d Cir. 2007)).

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