What is the test for determining the appropriate sentence for a defendant convicted of assault under section 3553(a) of the Criminal Code?

MultiRegion, United States of America

The following excerpt is from United States v. Norman, 776 F.3d 67 (2nd Cir. 2015):

court, see United States v. Booker, 543 U.S. 220, 25960, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), the court must begin all sentencing proceedings by correctly calculating the applicable Guidelines range, Gall v. United States, 552 U.S. 38, 49, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). And after giving both parties an opportunity to argue for whatever sentence they deem appropriate, the district judge should then consider all of the 3553(a) factors to determine whether they support the sentence requested by a party.Id. at 4950, 128 S.Ct. 586. Those factors include the nature, circumstances, and seriousness of the offense; the defendant's history and characteristics; the need to deter the defendant from committing further crimes and to protect the public from further crimes of the defendant; and the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. See, e.g., 18 U.S.C. 3553(a).

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