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. Khan, No. 18-2870-cr, No. 18-2874-cr (2nd Cir. 2019):

"We review the procedural and substantive reasonableness of a sentence under a deferential abuse-of-discretion standard." United States v. Yilmaz, 910 F.3d 686, 688 (2d Cir. 2018) (citation omitted). "A district court commits procedural error where it fails to calculate (or improperly calculates) the . . . Guidelines range, treats the . . . Guidelines as mandatory, fails to consider the [18 U.S.C.] 3553(a) factors, selects a sentence based on clearly erroneous facts, or fails adequately to explain the chosen sentence." United States v. Robinson, 702 F.3d 22, 38 (2d Cir.

Page 4

2012) (citation omitted). Our review for the substantive reasonableness of a sentence is "particularly deferential," and we will set aside a sentence as substantively unreasonable only if it is "so shockingly high, shockingly low, or otherwise unsupportable as a matter of law that allowing [it] to stand would damage the administration of justice." United States v. Broxmeyer, 699 F.3d 265, 289 (2d Cir. 2012) (internal quotation marks and citation omitted).

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