What is the test for abuse of discretion when a federal district court's decision to impose a consecutive sentence on a defendant is based on error?

MultiRegion, United States of America

The following excerpt is from United States v. Morillo, No. 18-1551-cr (2nd Cir. 2019):

We review for abuse of discretion the district court's decision to impose a consecutive sentence. See id.; see also United States v. Matera, 489 F.3d 115, 124 (2d Cir. 2007). "A district court abuses or exceeds the discretion accorded to it when (1) its decision rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding, or (2) its decisionthough not necessarily the product of a legal error or a clearly erroneous factual

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findingcannot be located within the range of permissible decisions." United States v. Brady, 417 F.3d 326, 332-33 (2d Cir. 2005) (internal quotation marks omitted).

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