What is the test for "substantively unreasonable" sentences in criminal cases?
MultiRegion, United States of America
The following excerpt is from United States v. Brown, 843 F.3d 74 (2nd Cir. 2016):
A sentence is substantively unreasonable if, for instance, it would "damage the administration of justice because the sentence imposed was shockingly high." United States v. Rigas , 583 F.3d 108, 123 (2d Cir. 2009). Upon review for substantive unreasonableness, 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." Cavera , 550 F.3d at 190.
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