The standard of reasonableness governs federal appellate review of a prison sentence even where a lower court elects not to resentence the defendant on remand, the 2nd U.S. Circuit Court of Appeals has ruled.

The circuit wanted to clarify the standard for so-called “Crosby remands” — cases that are sent back to lower courts to determine whether defendants would have been given different sentences under the newly advisory U.S. Sentencing Guidelines.

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