US v. Mitchell Swain
| Docket Number | 21-6167 |
| Decision Date | 14 September 2022 |
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10 cases
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United States v. Roane, 20-14
... ... See Pub. L. 11120, 2(a), 124 Stat. 2372, 2372 (2010); see also Terry , 141 S. Ct. at 1864. We recently held that all proceedings under section 404 of the First Step Act beget procedural and substantive reasonableness review. United States v. Swain , 49 F.4th 398, 402 (4th Cir. 2022). This "requires us to consider the totality of the circumstances to determine whether the sentencing court abused its discretion in concluding that the sentence it chose satisfied the standards set forth in [ 18 U.S.C. 3553(a) ]." Id. (internal quotations ... ...
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United States v. Roane
... ... Stat. 2372, 2372 (2010); see also Terry , 141 S.Ct ... at 1864 ... We ... recently held that all proceedings under section 404 of the ... First Step Act beget procedural and substantive ... reasonableness review. United States v. Swain , 49 ... F.4th 398, 402 (4th Cir. 2022). This "requires us to ... consider the totality of the circumstances to determine ... whether the sentencing court abused its discretion in ... concluding that the sentence it chose satisfied the standards ... set forth in [18 ... ...
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United States v. Reed
... ... 1291.III. We review a district court's denial of Section 404(b) relief for abuse of discretion. 58 F.4th 820 United States v. Swain , 49 F.4th 398, 402 (4th Cir. 2022) ; United States v. Collington , 995 F.3d 347, 35859 (4th Cir. 2021) ; see also Concepcion , U.S. , 142 S. Ct. 2389, 2404, 213 L.Ed.2d 731 (2022) ("As a general matter, it is not the role of an appellate court to substitute its judgment for that of the ... ...
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United States v. Wood
... ... Layton, 564 F.3d 330, 334 ... (4th Cir. 2009)). Thus, we affirm a district court's ... denial of section 404(b) relief unless the district ... court's decision was procedurally or substantively ... unreasonable ... See United States v. Swain, 49 F.4th 398, 402 (4th ... Cir. 2022). In determining whether a sentence was reasonable, ... this court must: ... ensure that the district court committed no significant ... procedural error, such as failing to calculate (or improperly ... calculating) the Guidelines ... ...
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