In what circumstances will a judge overturn a finding of guilty of sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. Diaz, 16-0433-cr (2nd Cir. 2016):
court based its decision on the judgment of conviction or some other aspect of the record. Cf. United States v. Carr, 557 F.3d 93, 107 (2d Cir. 2009) ("In the absence of record evidence suggesting otherwise, we presume that the district court has faithfully discharged its duty to consider the 3553(a) factors.").
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