In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Payne, 591 F.3d 46 (2nd Cir. 2010):

In determining whether the district court has considered the appropriate factors, we do not require "robotic incantations" by the sentencing judge. United States v. Brown, 514 F.3d 256, 270 (2d Cir.2008); United States v. Fernandez, 443 F.3d 19, 30 (2d Cir.), cert. denied, 549 U.S. 882, 127 S.Ct. 192, 166 L.Ed.2d 143 . . . (2006); [United States v.] Crosby, 397 F.3d [103,] 113[ (2d Cir. 2005)]. In the absence of record evidence suggesting otherwise, we presume that the district court has faithfully discharged its duty to consider the 3553(a) factors. See, e.g., United States v. Brown, 514 F.3d at 264; United States v. Fernandez, 443 F.3d at 30.

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