The following excerpt is from United States v. Hernandez, 894 F.3d 1104 (9th Cir. 2018):
Respectfully, the majority opinion conflates the procedural analysis and the substantive reasonableness analysis that govern sentencing proceedings. Sitting en banc, we clarified that when reviewing a sentence on appeal, "we first consider whether the district court committed procedural error." United States v. Carty , 520 F.3d 984, 993 (9th Cir. 2008) (en banc). We delineated the following as examples of procedural error: failing to calculate the Guidelines Range or calculating the range incorrectly; treating the Guidelines as mandatory rather than advisory; failing to consider the factors set forth in 18 U.S.C. 3553(a) ; imposing a sentence based on clearly erroneous facts; or failing to give an adequate explanation for the sentence imposed. See id.
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