The following excerpt is from United States v. Pellistri, 19-1439-cr (2nd Cir. 2020):
the particular circumstances." United States v. Fernandez, 443 F.3d 19, 27 (2d Cir. 2006), abrogated on other grounds by Rita v. United States, 551 U.S. 338, 364 (2007).
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