What is the test for challenging a sentence in a federal criminal case?

MultiRegion, United States of America

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).

Other Questions


Is Section 2254(d) of the Federal Criminal Code sufficient to establish that the federal habeas proceedings are the principal forum for asserting constitutional challenges to the conviction of a convicted criminal? (MultiRegion, United States of America)
Does the 9th Circuit have jurisdiction to hear a claim that a federal district court abused its discretion by sentencing a convicted criminal to a reduced sentence based on his criminal conviction? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Does Section 5G1.3 of the Federal Guidelines for Federal Sentences apply to a defendant who is convicted of a federal charge of possession of a firearm by a federal court? (MultiRegion, United States of America)
What is the current state of the federal habeas jurisdiction for a federal prisoner to challenge his sentence under Section 2241 of the Criminal Code? (MultiRegion, United States of America)
What is the test for a federal court to grant relief to a convicted criminal defendant who has been convicted and sentenced in a federal civil case? (MultiRegion, United States of America)
What is the test for finding a federal judge wrongfully convicted of criminal contempt of a federal criminal case? (MultiRegion, United States of America)
What is the test for resentencing in a criminal case where a judge said in a pre-sentence report that prior convictions were challenged and the sentence was too lenient? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Can a defendant in a federal criminal case collaterally challenge his conviction or sentence? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.