What constitutes a procedural error in a federal district court's sentencing process?
MultiRegion, United States of America
The following excerpt is from United States v. Pichardo, 18-2559-cr (2nd Cir. 2019):
A district court commits procedural error when, among other things, it "fails to consider the [18 U.S.C.] 3553(a) factors, selects a sentence based on clearly erroneous facts, or fails adequately to explain the chosen sentence." United States v. Chu, 714 F.3d 742, 746 (2d Cir. 2013) (per curiam) (internal quotation marks and citations omitted). In addition, the sentencing judge must "state in open court the reasons for its imposition of [a] particular sentence." 18 U.S.C. 3553(c).
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