What is the test for "unreasonableness" review when a defendant fails to object to an alleged sentencing error?

MultiRegion, United States of America

The following excerpt is from United States v. Riglioni, No. 15-517-cr (2nd Cir. 2017):

We review sentences for procedural and substantive unreasonableness. United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008) (en banc). "Review for 'unreasonableness' amounts to review for abuse of discretion." Id. at 187. "A district court commits procedural error where it fails to calculate the Guidelines range . . . , makes a mistake in its Guidelines calculation, or treats the Guidelines as mandatory." Id. at 190. When, as here, a defendant fails to object to an alleged sentencing error before the district court, we review only for plain error. United States v. Villafuerte, 502 F.3d 204, 207 (2d Cir. 2007). Plain error review permits relief only where (1) there is "error," (2) the error "is plain," (3) the error "affects substantial rights," and (4) the error "seriously affects the fairness, integrity, or public reputation of judicial proceedings." United States v.

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Groysman, 766 F.3d 147, 155 (2d Cir. 2014) (alterations and internal quotation marks omitted).

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