What is the test for setting aside a sentencing determination by a federal district court?
MultiRegion, United States of America
The following excerpt is from United States v. Diakhoumpa, 16-4289-cr, 17-861-con (2nd Cir. 2017):
We review a defendant's sentence for substantive reasonableness, "tak[ing] 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). A district court's sentencing determination will be set aside only in exceptional cases. Id. at 189.
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