The following excerpt is from United States v. Sawyer, 907 F.3d 121 (2nd Cir. 2018):
The process of review is carefully described in United States v. Cavera, 550 F.3d 180 (2d Cir. 2008). It has two parts. We look first at the reasons given by the district court to explain its decision. Giving reasons is mandatory. "Most obviously, the requirement helps to ensure that district courts actually consider the statutory factors and reach reasoned decisions." Id . at 193. Requiring a statement of the courts reasoning encourages public confidence in federal courts and the fair administration of justice. Id. ; Rita v. United States , 551 U.S. 338, 356, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) ("Confidence in a judges use of reason underlies the publics trust in the judicial institution."). Moreover, in the absence of reasons, appellate review of the basis of the decision is severely hampered. "We cannot uphold a discretionary decision unless we have confidence that the district court exercised its discretion and did so on the basis of reasons that survive our limited review. Without a sufficient explanation of how the court below reached the result it did, appellate review of the reasonableness of that judgment may well be impossible." Cavera, 550 F.3d at 193.
We then consider whether the 3553(a) factors, on the whole, justify the sentence. After Booker , it is a constitutional necessity that the sentencing court make its own determination, informed but not constrained by the sentencing guidelines, about the appropriate length of the sentence. Under an abuse of discretion standard, we defer to the district court and affirm all sentences except those falling outside of the "broad range" warranted by the totality of the circumstances. United States v. Jones , 531 F.3d 163, 174 (2d Cir. 2008). We may not substitute our preferred sentence for the district courts. "The fact that the appellate court might reasonably have concluded that a different sentence was appropriate is insufficient to justify reversal of the district court."
[907 F.3d 128]
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