The following excerpt is from United States v. Brown, 19-4317-cr (2nd Cir. 2021):
In reviewing for substantive reasonableness, "[w]e find error only if the sentence cannot be located within the range of permissible decisions," United States v. Alcius, 952 F.3d 83, 88 (2d Cir. 2020) (internal quotation marks omitted). Our review, which "take[s] into account the totality of the circumstances," United States v. Brown, 843 F.3d 74, 80 (2d Cir. 2016) (internal quotation marks omitted), "is particularly deferential, and we will set aside only those sentences that are so shockingly high, shockingly low, or otherwise unsupportable as a matter of law that allowing them to stand would damage the administration of justice." United States v. Muzio, 966 F.3d 61, 64 (2d Cir. 2020) (internal quotation marks omitted). In other words, a "sentence is substantively unreasonable if it is manifestly unjust or shocks the conscience." Richardson, 958 F.3d at 153-54 (brackets and internal quotation marks omitted). In so reviewing, "[w]e focus in particular on a district court's explanation of its sentence in light of the factors contained in 18 U.S.C. 3553(a), and whether a factor relied on by a sentencing court can bear the
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