What is the test for a District Court to determine whether it has considered all the factors required under Section 3553(a) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Reyes, No. 18-3695 (2nd Cir. 2020):

that it has considered each 3553(a) factor, id. (internal quotation marks omitted), but "we require more than a few magic words," United States v. Corsey, 723 F.3d 366, 376 (2d Cir. 2013), as corrected (July 24, 2013). In essence, the district court must "create enough of a record so that an appellate court can be confident that the sentence resulted from the district court's considered judgment as to what was necessary to address the various, often conflicting, purposes of sentencing." Id. (internal quotation marks omitted).

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 are considered to determine whether inducement was a factor in determining whether an individual was entrapped in a criminal case? (MultiRegion, United States of America)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
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)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
What factors are considered in determining whether to refer a fraudulent conveyance action to the bankruptcy court rather than the district court? (MultiRegion, United States of America)
Is a section of the Criminal Code extending criminal liability beyond the express terms of the criminal code sufficient to be considered unconstitutional? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.