How does a judge determine whether to impose a Guidelines or non-Guidelines sentence?

MultiRegion, United States of America

The following excerpt is from United States v. McGinn, No. 13-3164-cr (L), No. 13-3202(CON), No. 13-3477(XAP), No. 13-3544(XAP) (2nd Cir. 2015):

determine whether to impose a Guidelines or a non-Guidelines sentence. United States v. Villafuerte, 502 F.3d 204, 206-07 (2d Cir. 2007). A sentence is substantively unreasonable only if it "cannot be located within the range of permissible decisions," Cavera, 550 F.3d at 189, and would "damage the administration of justice" because it was shockingly high or low or not legally supportable, United States v. Rigas, 583 F.3d 108, 123 (2d Cir. 2009).

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