What is the test for overturning a finding that a sentence imposed by a federal district court is substantively reasonable?

MultiRegion, United States of America

The following excerpt is from United States v. Whitworth, No. 16-3624-cr (2nd Cir. 2018):

In determining whether a sentence imposed by the district court is substantively reasonable, we are deferential, and we do not ask whether we would assign the same weight to a 3553(a) factor as the district court, but rather whether the factors considered "can bear the weight assigned to [each] under the totality of circumstances in the case." Id. at 191. "The particular weight to be afforded aggravating and mitigating factors is a matter firmly committed to the discretion of the sentencing judge." United States v. Broxmeyer, 699 F.3d 265, 289 (2d Cir. 2012). "[W]e will set aside a district court's substantive determination only in exceptional cases where the trial court's decision cannot be located within the range of permissible decisions." United States v. Ryan, 806 F.3d 691, 695 (2d Cir. 2015) (quotation marks omitted) (quoting United States v. Wagner-Dano, 679 F.3d 83, 95 (2d Cir. 2012)). Whitworth's sentence, which was explained at some length by the trial court, falls within the permissible range of decisions.

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