What is our role in reviewing a sentence imposed by the federal district court?

MultiRegion, United States of America

The following excerpt is from U.S. v. Corona-Diaz, 104 F.3d 356 (2nd Cir. 1996):

Discussion. When we review a sentence imposed by the district court, our role is not to "substitute [our] judgment for that of the sentencing court as to the appropriateness of a particular sentence; rather, in applying the Eighth Amendment, [we] decide[ ] only whether the sentence under review is within constitutional limits." United States v. Valdez, 16 F.3d 1324, 1334 (2d Cir.) (quoting Solem v. Helm, 463 U.S. 277, 290 n. 16 (1983)), cert. denied, 115 S.Ct. 60 (1994). Consequently, "successful challenges to the constitutionality of particular sentences are extremely rare." Id.

Other Questions


Does a federal district court have jurisdiction to review a sentence imposed by a federal court? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
How does the Court of Appeal review sentences imposed by the federal district court for sexual assault? (MultiRegion, United States of America)
What is the range of sentences a federal district court judge can impose on a sentence that runs concurrently or consecutively with an undischarged sentence? (MultiRegion, United States of America)
Can a federal district judge direct that a federal sentence be served consecutive to a state sentence not yet imposed? (MultiRegion, United States of America)
Is a federal district court's interpretation of a federal statute a de novo review of the interpretation of the federal statute? (MultiRegion, United States of America)
Can a federal district court exercise its discretionary sentencing authority by sentencing a defendant to a minimum sentence based on the Guidelines? (MultiRegion, United States of America)
When reviewing a sentence imposed by the district court, what is the role of the appellate court? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.