What is the test for determining whether a defendant has been convicted of a sexual assault?
MultiRegion, United States of America
The following excerpt is from U.S. v. Murray, 101 F.3d 1392 (2nd Cir. 1996):
"However, there is no requirement that specific findings be made on each factor because such fact finding would unnecessarily encumber a sentencing proceeding." United States v. Gelb, 944 F.2d 52, 56 (2d Cir.1991) (quotation omitted). We have stated that "the district judge need only consider the listed factors, and a statement that the district judge has considered the statutory factors is sufficient." Id. at 56-57 (quotation and citation omitted).
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