The following excerpt is from United States v. Daugerdas, 837 F.3d 212 (2nd Cir. 2016):
We review challenges to a sentence under a reasonableness standard, which is a particularly deferential form of abuse-of-discretion review. United States v. Broxmeyer , 699 F.3d 265, 278 (2d Cir. 2012) (internal quotation marks omitted). A sentence must be both procedurally and substantively reasonable. Id. We address each requirement in turn.
A sentence is procedurally unreasonable if the district court fails to calculate the Guidelines range ..., makes a mistake in its Guidelines calculation, ... treats the Guidelines as mandatory ...[,] does not consider the 3553(a) factors, ... rests its sentence on a clearly erroneous finding of fact ...[,] fails adequately to explain its chosen sentence, [or fails to] include an explanation for any deviation from the Guidelines range. United States v. Cavera , 550 F.3d 180, 190 (2d Cir. 2008) (en banc) (internal quotation marks omitted). When we review for substantive reasonableness, we will set aside a district court's ... determination only in exceptional cases where the trial court's decision cannot be located within the range of permissible decisions. United States v. Rigas , 583 F.3d 108, 122 (2d Cir. 2009) (alteration and internal quotation marks omitted).
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