What is the current state of the law in the context of sentencing under section 3553(c) of the Criminal Code and the Guidelines Guidelines?

MultiRegion, United States of America

The following excerpt is from United States v. Chandler, No. 12-5035-cr (2nd Cir. 2013):

As a general rule, "we presume, in the absence of record evidence suggesting otherwise, that a sentencing judge has faithfully discharged her duty to consider the statutory factors." United States v. Fernandez, 443 F.3d 19, 30 (2d Cir. 2006). "Section 3553(c) requires no specific formulas or incantations; rather, the length and detail required of a district court's explanation varies according to the circumstances." United States v. Cassesse, 685 F.3d 186, 192 (2d Cir. 2012). Where, as here, a district court imposes an above-Guidelines sentence, a "higher descriptive obligation" is triggered. Id. at 193. However, the requirements of section 3553(c) have "likely been satisfied when a court's statements meet the goals 'of (1) informing the defendant of the reasons for his sentence, (2) permitting meaningful appellate review, (3) enabling the public to learn why the defendant received a particular sentence, and (4) guiding probation officers and prison officials in developing a program to meet the defendant's needs.'" Id. at 192-93 (quoting Villafuerte, 502 F.3d at 210).

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