Does Section 3553(c) of the Sentencing Guidelines apply in the context of sentencing of an individual with a history of violent crime?

MultiRegion, United States of America

The following excerpt is from U.S. v. Ramirez, 983 F.2d 1079 (9th Cir. 1992):

Section 3553(c) requires the district court to state its reasons for choosing a sentence within the sentencing range if that range exceeds twenty-four months, as it does in the present case. United States v. Upshaw, 918 F.2d 789, 792 (9th Cir.1990), cert. denied, 111 S.Ct. 1335 (1991). The court's statement "must include a discussion of the factors used to choose a particular sentence within the sentencing range. These factors include individual considerations of background, character, and conduct, as well as the systemic goals of deterrence, rehabilitation, and consistency in sentencing." Id. Whether the district court failed to state its reasons for choosing a sentence within the sentencing range is reviewed de novo. Id.

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