How does the Court of Appeal review a sentence from a federal district court under a "deferential abuse of discretion" standard?

MultiRegion, United States of America

The following excerpt is from United States v. Maslar, No. 15-2813-cr (2nd Cir. 2016):

We review a district court's sentence under a "deferential abuse-of-discretion standard." United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (internal quotation marks omitted). In reviewing claims of substantive unreasonableness, we consider "the totality of the circumstances, giving due deference to the sentencing judge's exercise of discretion," and we "will . . . 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 189-90 (internal quotation marks omitted) (emphasis in original). Further, although we do not presume that a within-Guidelines sentence is reasonable, in the "overwhelming majority of cases," it is. United States v. Rodriguez, 715 F.3d 451, 451 (2d Cir. 2013) (internal quotation marks omitted).

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