The following excerpt is from U.S. v. DiFrancesco, 604 F.2d 769 (2nd Cir. 1979):
6 See United States v. Daugherty, 269 U.S. 360, 363, 46 S.Ct. 156, 70 L.Ed. 309 (1926), adopting the reasoning of Neely v. United States, 2 F.2d 849, 852-3 (2d Cir. 1924), which in turn relied upon the statement in Ex parte DeBara, 179 U.S. 316, 322, 21 S.Ct. 110, 113, 45 L.Ed. 207 (1900) that a court, by exercising such sentencing options, "may express its views of the criminality of a defendant . . . ."
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