The following excerpt is from United States v. Ivey, 17-795-cr (2nd Cir. 2017):
We review sentences for procedural and substantive "unreasonableness," which "amounts to review for abuse of discretion." United States v. Cavera, 550 F.3d 180, 187 (2d. Cir. 2008). A district court's decision to depart upward is
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reviewed for abuse of discretion. United States v. Ashley, 141 F.3d 63, 69 (2d Cir. 1998).
When a defendant fails to object to an alleged sentencing error before the district court, we review for plain error. United States v. Villafuerte, 502 F.3d 204, 207 (2d Cir. 2007). An appellate court may, in its discretion, correct a plain error where "the appellant demonstrates that (1) there is an 'error'; (2) the error is 'clear or obvious, rather than subject to reasonable dispute'; (3) the error 'affected the appellant's substantial rights, which in the ordinary case means' it 'affected the outcome of the district court proceedings'; and (4) 'the error seriously affect[s] the fairness, integrity or public reputation of judicial proceedings.'" United States v. Marcus, 560 U.S. 258, 262 (2010) (alteration in original) (quoting Puckett v. United States, 556 U.S. 129, 135 (2009)).
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