What is the test for reviewing a sentence that has been overturned by the Court of Appeal?

MultiRegion, United States of America

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

Page 3

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)).

Other Questions


How does the Court of Appeal review sentences imposed by the federal district court for sexual assault? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
Can a petitioner who has had a full and fair review of his Fourth Amendment claims in state court seek to have those claims reviewed by the federal appeals court? (MultiRegion, United States of America)
On appeal from an appeal from a judicial review, what is the role of the appeal judge in determining the proper standard of review? (Canada (Federal), Canada)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
When reviewing a sentence on appeal, can the Court consider whether the sentence was based on procedural error rather than substantive reasonableness? (MultiRegion, United States of America)
How does the Court of Appeal review a sentence from a federal district court under a "deferential abuse of discretion" standard? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.