What is the standard of review of a sentence imposed by a federal district court?

MultiRegion, United States of America

The following excerpt is from United States v. Deppert, 19-3042 (2nd Cir. 2021):

In our procedural and substantive review of a sentence imposed by a district court, we apply a "deferential abuse-of-discretion standard." United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (quoting Gall v. United States, 552 U.S. 38, 41 (2007)). A district court commits procedural error where it (1) "fails to calculate the Guidelines range," (2) "makes a mistake in its Guidelines calculation," (3) "treats the Guidelines as mandatory," (4) "does not consider the [18 U.S.C.] 3553(a) factors," (5) "rests its sentence on a clearly erroneous finding of fact," or (6) "fails adequately to explain its chosen sentence." Id. at 190.

Other Questions


Does a federal district court have jurisdiction to review a sentence imposed by a federal court? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
What is the range of sentences a federal district court judge can impose on a sentence that runs concurrently or consecutively with an undischarged sentence? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
How does the Court of Appeal review a sentence from a federal district court under a "deferential abuse of discretion" standard? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
How does the Court of Appeal review sentences imposed by the federal district court for sexual assault? (MultiRegion, United States of America)
What is the standard for review of a sentence imposed by a federal district court? (MultiRegion, United States of America)
What is the standard for review of a sentence imposed by a federal district court? (MultiRegion, United States of America)
What is the standard of review of factual findings in support of a sentence imposed by a federal district court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.