What is the test for abuse of discretion in determining whether a defendant was deprived of a fair and impartial tribunal?

MultiRegion, United States of America

The following excerpt is from United States v. Adams, 955 F.3d 238 (2nd Cir. 2020):

Adamss claim that he was deprived of a "fair and impartial tribunal" is a claim that the district court committed procedural error in its consideration of the 18 U.S.C. 3553(a) factors. We review procedural reasonableness and the district courts analysis of the 3553(a) factors for abuse of discretion. United States v. Desnoyers , 708 F.3d 378, 385 (2d Cir. 2013). "A district court commits procedural error where it fails to calculate the Guidelines

[955 F.3d 253]

range ..., makes a mistake in its Guidelines calculation, or treats the Guidelines as mandatory." United States v. Cavera , 550 F.3d 180, 190 (2d Cir. 2008) (en banc). "It also errs procedurally if it does not consider the 3553(a) factors, or rests its sentence on a clearly erroneous finding of fact." Id.

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