Is a District Court's sentencing decision under a deferential abuse of discretion standard?

We review a district court's sentencing decision for procedural and substantive reasonableness "under a deferential abuse-of-discretion standard." United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (internal quotation marks omitted). A sentencing court commits procedural error if, among other things, it "treats the Guidelines as mandatory, . . . does not consider the [18 U.S.C.] 3553(a) factors, or . . . fails adequately to explain its chosen sentence." Id. at 190. A sentence is substantively unreasonable "only in exceptional cases where the trial court's decision cannot be located within the range of permissible decisions." Id. at 189 (internal quotation marks omitted).

DiNapoli asserts that the district court committed procedural error because

Page 4