How do we review for substantive error a sentence imposed by a federal district court?

MultiRegion, United States of America

The following excerpt is from United States v. Fuentes, 14-4717-cr (2nd Cir. 2016):

We review the district court's sentence under a "deferential abuse-of-discretion standard." United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (internal quotation marks omitted). In reviewing for substantive error, 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." Id. at 190. "[W]e will not substitute our own judgment for the district court's on the question of what is sufficient to meet the 3553(a) considerations in any particular case" but "will instead set aside a district court's substantive determination only in exceptional cases where the trial court's decision cannot be located within the range of permissible decisions." Id. at 189 (emphasis and internal quotation marks omitted).

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