The following excerpt is from United States v. Ferguson, No. 12-3301-cr (2nd Cir. 2014):
substantive reasonableness. United States v. Park, 758 F.3d 193, 199(2d Cir. 2014) (per curiam). Under that standard, "an appellate court may consider whether a factor relied on by a sentencing court can bear the weight assigned to it." Cavera, 550 F.3d at 191. However, "we do not consider what weight we would ourselves have given a particular factor. Rather, we consider whether the factor, as explained by the district court, can bear the weight assigned it under the totality of circumstances in the case." Id. (citation omitted).
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