What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing?

MultiRegion, United States of America

The following excerpt is from U.S. v. Robinson, 63 F.3d 889 (9th Cir. 1995):

Because the sentencing judge's remarks do not clearly indicate whether he would have imposed the same sentence absent the error, we must assess whether the government has met its burden of "persuad[ing] the court of appeals that the record as a whole indicates 'that the error did not affect the district court's selection of the sentence imposed.' " See Rodriguez-Razo, 962 F.2d at 1424 (quoting Williams v. United States, 503 U.S. 193, 203, 112 S.Ct. 1112, 1120-21, 117 L.Ed.2d 341 (1992)). In this case, the government has wholly failed to carry its burden. As a result, we remand for resentencing. Id.

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