What constitutes a procedural error or substantive error in a federal district court's sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Delva, 858 F.3d 135 (2nd Cir. 2017):
A district court commits a procedural error if it bases its sentence on a clearly erroneous finding of fact. See , e.g. , United States v. Cavera , 550 F.3d 180, 190 (2d Cir. 2008) (en banc), cert. denied , 556 U.S. 1268, 129 S.Ct. 2735, 174 L.Ed.2d 247 (2009). It commits substantive error if its "decision cannot be located within the range of permissible decisions." Id . at 189 (internal quotation marks omitted).
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