What is the test for determining the substantive reasonableness of a sentence that is substantially unreasonable?

MultiRegion, United States of America

The following excerpt is from United States v. Certified Envtl. Servs., Inc., Docket No. 11-4872(Lead), Docket No. 11-4875(Con), Docket No. 11-4877(Con), Docket No. 11-4968(XAP), Docket No. 11-4969(XAP), Docket No. 11-4972(XAP), Docket No. 11-4974(Con), Docket No. 11-4976(Con) (2nd Cir. 2014):

Guidelines calculation." Id. at 190. We review district court's factual findings informing its guidelines calculation for clear error, and its conclusions of law de novo. See United States v. Uddin, 551 F.3d 176, 180 (2d Cir. 2009). With respect to substantive reasonableness, a sentence is substantively unreasonable only in the "exceptional case[] where the trial court's decision 'cannot be located within the range of permissible decisions.'" Cavera, 550 F.3d at 189 (quoting United States v. Rigas, 490 F.3d 208, 238 (2d Cir. 2007)).

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