What is the test for determining a sentence that is procedurally unreasonable?

MultiRegion, United States of America

The following excerpt is from United States v. Valerio, No. 17-2371-cr (2nd Cir. 2019):

We reject these challenges. First, "a sentence is procedurally unreasonable if the district court . . . selects a sentence based on clearly erroneous facts, or fails adequately to explain the chosen sentence." United States v. Jesurum, 819 F.3d 667, 670 (2d Cir. 2016) (internal quotation marks and emphasis omitted). Federal statutory sentencing law provides that "[n]o limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence." 18 U.S.C. 3661. Accordingly, a district court may consider "uncharged conduct proven by a preponderance of the evidence," as long as this consideration "does not increase either the statutory minimum or maximum available punishment." United States v. Ulbricht, 858 F.3d 71,

Page 6

Other Questions


What is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (MultiRegion, United States of America)
What is the test for determining whether a sentence is procedurally unreasonable or substantively unreasonable? (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)
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)
What is the test for determining whether a state court made an unreasonable determination of the facts? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
Is a defendant's sentence reduced de novo because it was based on a sentencing range that was subsequently reduced by the sentencing commission? (MultiRegion, United States of America)
What is the test for determining the substantive reasonableness of a sentence that is substantially unreasonable? (MultiRegion, United States of America)
When reviewing a sentence on appeal, can the Court consider whether the sentence was based on procedural error rather than substantive reasonableness? (MultiRegion, United States of America)
What is the standard of "substantive reasonableness" used by the Court of Appeal to determine whether a factor relied on by the sentencing court was unreasonable? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.