The following excerpt is from United States v. Stokes, 19-2536-cr (2nd Cir. 2020):
When we are satisfied that there is no procedural error, we conduct a review of substantive reasonableness. In doing so, we give "due deference to the sentencing judge's exercise of discretion and bear[] in mind the institutional advantages of district courts." Cavera, 550 F.3d at 190. "[W]e do not consider what weight we would ourselves have given a particular [sentencing] factor," id. at 191, and we will disturb the sentencing court's considered judgment "only in exceptional cases where the trial court's decision cannot be located within the range of permissible decisions," id. at 189 (internal quotation marks omitted). Stated differently, we ask if the sentence imposed would "damage the administration of justice because [it] was shockingly high, shockingly low, or otherwise unsupportable as a matter of law." United States v. Rigas, 583 F.3d 108, 123 (2d Cir. 2009).
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