What is the burden of substantive reasonableness review on a sentence that is substantively unreasonable?

In arguing that his sentence is substantively unreasonable, LaMere bears a heavy burden because we review the substantive reasonableness of a sentence under a "particularly deferential" abuse-of-discretion standard. United States v. Broxmeyer, 699 F.3d 265, 289 (2d Cir. 2012).² Indeed, we will set aside a sentence as substantively unreasonable "only in exceptional cases where the [district] court's decision cannot be located within the range of permissible decisions." United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc) (internal quotation marks omitted); see United States v. Rigas, 583 F.3d 108, 123 (2d Cir. 2009) (explaining that substantive reasonableness review "provide[s] a backstop for those few cases that, although procedurally correct, would nonetheless damage the administration of justice because the sentence imposed was shockingly high, shockingly low, or otherwise unsupportable as a matter of law"). That is not this case.

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