In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review?
MultiRegion, United States of America
The following excerpt is from United States v. Vaccarelli, 20-3768-cr (2nd Cir. 2021):
[1] In reviewing the application of the sophisticated means enhancement, we apply "de novo review of questions of law (including interpretations of the Guidelines) and clear-error review of questions of fact." United States v. Vargas, 961 F.3d 566, 570 (2d Cir. 2020). Here, because the enhancement was procedurally sound under de novo review, we need not consider which of the two standards properly applies.
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