What is the test for overturning a finding that a person who was found guilty of a charge of possession of a small amount of marijuana is a criminal offence?
MultiRegion, United States of America
The following excerpt is from United States v. Johnson, No. 11-3897-cr (2nd Cir. 2012):
based on possession of marijuana. "In reviewing for substantive reasonableness, we consider the totality of the circumstances, and reverse only in exceptional cases where the trial court's decision cannot be located within the range of permissible decisions[.]" United States v. Mason, 692 F.3d 178, 181 (2012) (internal quotation marks and citations omitted).
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