What is the test for "abuse of discretion" in sentencing sentencing sentences?

MultiRegion, United States of America

The following excerpt is from U.S. v. Massino, 546 F.3d 123 (2nd Cir. 2008):

We review sentences "under an abuse-of-discretion standard" for both procedural and substantive unfairness. Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007). With regard to procedural unfairness, we will find an abuse of discretion where the district court "fail[ed] to calculate (or improperly calculat[ed]) the Guidelines range, treat[ed] the Guidelines as mandatory, fail[ed] to consider the 3553(a) factors, select[ed] a sentence based on clearly erroneous facts, or fail[ed] to adequately explain the chosen sentence." Id.

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