The following excerpt is from U.S. v. Monaco, 852 F.2d 1143 (9th Cir. 1988):
When a sentence "is within the statutory limits, it will be reviewed only for an abuse of discretion." United States v. Benny, 786 F.2d 1410, 1421 (9th Cir.), cert. denied, --- U.S. ----, 107 S.Ct. 668, 93 L.Ed.2d 720 (1986). The failure to individualize a sentence, however, compels reversal or resentencing of the defendant. United States v. Barker, 771 F.2d 1362, 1365 (9th Cir.1985). "In each case, a criminal sentence must reflect an individualized assessment of a particular defendant's culpability rather than a mechanistic application of a given sentence to a given category of crime." Id. We must look at the record to see if it indicates "that the district court actually and adequately considered the factors necessary to insure that each individual defendant was assessed and sentenced as an individual[.]" Id. at 1365-66.
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.