The following excerpt is from United States v. Guerrero, No. 11-4489-cr (2nd Cir. 2013):
We review a district court's sentencing decisions under a "deferential abuse-of-discretion standard," which encompasses both procedural and substantive review. United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (quoting Gall v. United States, 552 U.S. 38, 41 (2007)). "A district court commits procedural error where it fails to calculate the Guidelines range[,] . . . makes a mistake in its Guidelines calculation, or treats the Guidelines as mandatory." Cavera, 550 F.3d at 190. "In general, we are 'entitled to assume that the sentencing judge understood all
Page 3
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.