What factors must a court consider in determining the appropriate sentence for a man convicted of a sexual assault under section 3553(a)(2) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Pugh, 937 F.3d 108 (2nd Cir. 2019):

In addition, the court must consider the "need for the sentence imposed ... (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner." Id . 3553(a)(2). A district court has an obligation to weigh the factors listed in section 3553(a). United States v. Fernandez , 443 F.3d 19, 28 (2d Cir. 2006) ; see also United States v. Corsey , 723 F.3d 366, 375 (2d Cir. 2013) (per curiam).

After consideration of the section 3553(a) factors, the district court must impose a sentence that is sufficient, but not greater than necessary, to fulfill the purposes of sentencing. In doing so, if the court determines that a lower sentence will be just as effective as a higher sentence, it must choose the lower sentence. See United States v. Ministro-Tapia , 470 F.3d 137, 142 (2d Cir. 2006) ("[I]f a district court were explicitly to conclude that two sentences equally served the statutory purposes of [ section] 3553, it could not, consistent with the parsimony clause, impose the higher.").

Other Questions


In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
What factors must a court consider when determining the appropriate sentence for a defendant convicted of a Section 924(c) assault? (MultiRegion, United States of America)
Are there any cases where the Supreme Court has found that criminal convictions for common law crimes against individuals who have not been convicted of criminal convictions are sufficient grounds for criminal convictions? (MultiRegion, United States of America)
Is a conspiracy conviction under section 846 of the Criminal Code mandatory minimum sentence for conspiracy to commit a crime punishable by section 841 of the Federal Criminal Code? (MultiRegion, United States of America)
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
What is the range of factors used by a federal court to determine the appropriate sentence for a defendant convicted of perjury under Title 18 of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining the appropriate sentence for a defendant convicted of assault under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
How have the courts interpreted section 11378.5(1) of the Criminal Code when determining whether a defendant was convicted of a charge of sexual assault? (MultiRegion, United States of America)
In a motion to amend the sentence of a convicted criminal to a maximum sentence under Section 851 of the Criminal Code, what is the difference between the convictions of two separate defendants? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.