What is the test for determining whether a sentence imposed by a federal district court is too lenient?

MultiRegion, United States of America

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).

Other Questions


What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
What is the role of a federal district court in determining whether a federal judge has jurisdiction to delay a federal hearing? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to review a sentence imposed by a federal court? (MultiRegion, United States of America)
What is the range of sentences a federal district court judge can impose on a sentence that runs concurrently or consecutively with an undischarged sentence? (MultiRegion, United States of America)
If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
Can a federal district court review a federal sentencing court's decision not to depart from the sentencing guidelines? (MultiRegion, United States of America)
In what circumstances will a court of appeals remand to a federal district court for resentencing where the sentence was imposed as a possible result of an incorrect application of the sentencing guidelines? (MultiRegion, United States of America)
What is the test for determining whether a federal district court has failed to provide compelling reasons for imposing an above Guidelines sentence of imprisonment upon revocation of supervised release or probation? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether it complied with the procedural requirements of the Sentencing Reform Act? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.