The following excerpt is from United States v. Messina, Docket No. 14-1219-cr (2nd Cir. 2015):
To begin, the court specifically acknowledged that the Guidelines were not mandatory; rather, it gave them "respectful consideration," as required by 18 U.S.C. 3553(a)(4). Id. at 51; see Kimbrough v. United States, 552 U.S. 85, 101 (2007). The court then generally confirmed its consideration of all 3553(a) sentencing factors, particularly noting that the "nature" of Messina's crime of convictionconspiracy to commit racketeering with members and associates of
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