What are the factors used to determine the appropriate sentence for a man convicted of a sexual assault?

MultiRegion, United States of America

The following excerpt is from United States v. Whitaker, 18-334 (2nd Cir. 2018):

2. Whitaker contends that the district court failed to account for "the nature and circumstances of the offense and the circumstances of the defendant," as required by 18 U.S.C. 3553(a)(1). Specifically, the district court is said to have given insufficient weight to the challenges he faced in the Northern District of New York, far from family or any support network. However, "the requirement to consider 3553(a) factors is not synonymous with any requirement that a particular factor be given determinative or dispositive weight in the identification of the appropriate sentence." United States v. Verkhoglyad, 516 F.3d 122, 131 (2d Cir. 2008) (internal quotation marks omitted) (emphasis in original). We "give due deference" to the district court, and do not consider what weight we ourselves give each factor. Gall, 552 U.S. at 51.

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