The following excerpt is from United States v. Valerio, No. 17-2371-cr (2nd Cir. 2019):
We reject these challenges. First, "a sentence is procedurally unreasonable if the district court . . . selects a sentence based on clearly erroneous facts, or fails adequately to explain the chosen sentence." United States v. Jesurum, 819 F.3d 667, 670 (2d Cir. 2016) (internal quotation marks and emphasis omitted). Federal statutory sentencing law provides that "[n]o limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence." 18 U.S.C. 3661. Accordingly, a district court may consider "uncharged conduct proven by a preponderance of the evidence," as long as this consideration "does not increase either the statutory minimum or maximum available punishment." United States v. Ulbricht, 858 F.3d 71,
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