When reviewing whether a sentence is procedurally reasonable, does the judge have to presume otherwise that a sentencing judge has faithfully discharged her duty?
MultiRegion, United States of America
The following excerpt is from United States v. Hodge, 13-399-cr (2nd Cir. 2014):
When reviewing whether a sentence is procedurally reasonable, "we presume, in the absence of record evidence suggesting otherwise, that a sentencing judge has faithfully discharged her duty to consider the statutory factors." United States v. Legros, 529 F.3d 470, 478 (2d Cir. 2008) (alteration omitted). Hodge has not presented any evidence or arguments to overcome that presumption.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for presuming that a sentencing judge has faithfully discharged her duty to consider the statutory factors in sentencing? (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)
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)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
In reviewing a sentence for substantive reasonableness, does the Court have any authority to set aside the sentence? (MultiRegion, United States of America)
How have courts reviewed criminal sentences for procedural reasonableness under the abuse of discretion standard? (MultiRegion, United States of America)
In what circumstances will a sentencing judge impose a non-Guidelines sentence or Guidelines sentence? (MultiRegion, United States of America)
Is a petitioner who has procedurally defaulted by not raising a claim on direct review or collateral review barred from raising it on collateral review? (MultiRegion, United States of America)
How do we review a sentencing decision for procedural reasonableness? (MultiRegion, United States of America)
Does the sentencing judge have a duty to provide the sentencing counsel with the appropriate information? (MultiRegion, United States of America)
