United States v. Agustin Rivera-Santana

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, even if district court erroneously departed upward from advisory Guidelines range, the asserted departure error was harmless “because the upward variance based on the [18 U.S.C.] § 3553(a) factors justified the sentence imposed”
• noting that “comparisons of sentences 15 may be treacherous because each sentencing proceeding is inescapably individualized”
• stating that “it was well within the court’s discretion to accord more weight to the host of aggravating factors”
• stating that “it was well within the [district] court’s discretion to accord more weight to the host of aggravating factors and decide that the sentence imposed would serve the § 3553 factors, on the whole (internal quotation marks omitted)
• explaining that “[a] departure is a sentence imposed under the framework set out in the Guidelines,” whereas a variance is “a non-Guidelines sentence” that is “justified under the sentencing factors set forth in 18 U.S.C. § 3553(a)” (cleaned up)
• stating it was within district court’s discretion to accord more weight to host of aggravating factors in defendant’s case and decide that sentence imposed would serve § 3553 factors on the whole

Source: CourtListener parenthetical corpus (CC0).