The following excerpt is from U.S.A v. BENJAMIN, No. 09-3966-cr (2nd Cir. 2010):
In light of the totality of the circumstances, see United States v. Williams, 524 F.3d 209, 214 (2d Cir. 2008), we conclude that in imposing the sentence the district court did not rely on unproven facts and did not exceed the bounds of its discretion.
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