What is the test for determining whether a sentence is too lenient?

MultiRegion, United States of America

The following excerpt is from United States v. Degante-Galeno, No. 14-1035-cr (tandem), No. 14-1189-cr (tandem), No. 14-757-cr (tandem), No. 14-855-cr (tandem) (2nd Cir. 2015):

We review a challenged sentence for "'reasonableness,' 'a particularly deferential form of abuse-of-discretion review' that we apply both to the procedures used to arrive at the sentence (procedural reasonableness) and to the length of the sentence (substantive reasonableness)." United States v. Broxmeyer, 699 F.3d 265, 278 (2d Cir. 2012) (quoting United States v. Cavera, 550 F.3d 180, 188 & n.5 (2d Cir. 2008) (en banc)).

1. Procedural Unreasonableness

Defendants contend that the district court committed procedural error (1) by making factual findings without adequate support in the record as to (a) the scope of criminal conduct attributable to each of them and (b) the impact of the conspiracy on its victims; and (2) by failing to consider certain relevant factors and giving too much weight to others, such that defendants were denied individualized sentencing determinations. Because none of these defendants raised any of these issues to the district court, we review for plain error, see United States v. Villafuerte, 502 F.3d 204, 207 (2d Cir. 2007), a standard that requires defendants to show (1) error, (2) that is clear or obvious,

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(3) affecting substantial rights, and (4) calling into question the fairness, integrity, or public reputation of judicial proceedings, see United States v. Marcus, 560 U.S. 258, 262 (2010). We identify no such error.

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