How can the two following statements from the Second Circuit within this past week be reconciled?
"The precise weight" the district court "accorded" to one particular Section 3553(a) factor, "or any other relevant factor, rests within [the district court's] discretion, and we will not second-guess that determination in reviewing an otherwise reasonable sentence." United States v. Marshall, No. 05-4207-cr (2d Cir. June 21, 2006) (found here) (citing United States v. Florez, 447 F.3d 145, 157-58 (2d Cir. 2006)).
"The guidelines cannot be called just 'another factor' in the statutory list, 18 U.S.C. ยง 3553(a), because they are the only integration of the multiple factors and, with important exceptions, their calculations were based upon the actual sentences of many judges." United States v. Rattoballi, Docket No. 05-1562-cr (2d Cir. June 15, 2006) (found here).
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