What is the test for determining whether a defendant has been found guilty of a sexual assault under section 3553(a)(1) of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Butler, 20-1379-cr (2nd Cir. 2021):
States v. Jenkins, 854 F.3d 181, 190 (2d Cir. 2017) (emphasizing that "[d]istrict courts are required to carefully consider on an individualized basis 'the nature and circumstances of the offense and the history and characteristics of the defendant'" and that "those considerations must be applied in the context of the other 3553(a) factors" (quoting 18 U.S.C. 3553(a)(1))).
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