The following excerpt is from United States v. Brennerman, 18-1033, 18-1618 (2nd Cir. 2020):
Brennerman further challenges the procedural and substantive reasonableness of his sentence. A district court commits procedural error if it fails to calculate the Guidelines range, makes a mistake in its Guidelines calculation, treats the Guidelines as mandatory, does not consider the Section 3553(a) factors, or rests its sentence on a clearly erroneous finding of fact. United States v. Cavera, 550 F.3d 180, 190 (2d Cir. 2008) (en banc). Facts in support of a sentencing calculation need be established only by a preponderance of the evidence. United States v. Beverly, 5 F.3d 633, 642 (2d Cir. 1993).
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