What is the test for review of a criminal sentence?

MultiRegion, United States of America

The following excerpt is from United States v. Reynolds, 19-1871-cr (2nd Cir. 2020):

In reviewing the substantive reasonableness of a sentence, "we take into account the totality of the circumstances, giving due deference to the sentencing judge's exercise of discretion, and bearing in mind the institutional advantages of district courts." United States v. Cavera, 550 F.3d 180, 190 (2d Cir. 2008) (en banc). Our review of a criminal sentence "amounts to review for abuse of discretion." Id. at 187. A district court abuses its discretion if it "base[s] its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or render[s] a decision that cannot be located within the range of permissible decisions." In re Sims, 534 F.3d 117, 132 (2d Cir. 2008) (internal citation and quotation marks omitted)).

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