How have courts interpreted the parsimony clause in sentencing decisions?

"[W]here, as in this case, the defendant never argued the parsimony clause in the district court, we do not assume from the court's failure specifically to reference that clause that the court has ignored its mandate. To the contrary, absent record proof showing otherwise, we assume the district court's awareness of and compliance with this statutory sentencing obligation." United States v. Ministro-Tapia, 470 F.3d 137, 141 (2d Cir. 2006) (citation omitted). Here, there is no evidence in the record that the sentencing judge did not consider the statutory directive of the parsimony clause. Absent such record proof, we will not hold that the district court abused its discretion.

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