The following excerpt is from United States v. Cimino, No. 15-657 (2nd Cir. 2016):
Cimino also argues that his sentence was procedurally unreasonable because the district court miscalculated the drug quantity involved in his offense and erroneously applied a two-level enhancement for obstruction of justice. A district court "errs procedurally if it does not consider the 3553(a) factors, or rests its sentence on a clearly erroneous finding of fact." United States v. Cavera, 550 F.3d 180, 188 (2d Cir. 2008). A district court must find disputed facts relevant to sentencing by a preponderance of the
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evidence. United States v. Garcia, 413 F.3d 201, 220 n.15 (2d Cir. 2005).
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