What is the test for presuming that a sentencing judge has faithfully discharged her duty to consider the statutory factors in sentencing?
MultiRegion, United States of America
The following excerpt is from United States v. Poupart, 13-1640-cr (2nd Cir. 2014):
"we presume . . . that a sentencing judge has faithfully discharged her duty to consider the statutory factors." United States v. Fernandez, 443 F.3d 19, 30 (2d Cir. 2006), abrogated on other grounds by Rita v. United States, 551 U.S. 338 (2007).
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