What is the test for abuse of the term?

³⁷ We note that " abuse of discretion is a nonpejorative term of art; it implies no misconduct on the part of the district court." United States v. Bove , 888 F.3d 606, 607 n.1 (2d Cir. 2018) (citing In re City of New York , 607 F.3d 923, 943 n.21 (2d Cir. 2010) ). The term merely describes circumstances in which a district court "base[s] its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or render[s] a decision that cannot be located within the range of permissible decisions." In re Sims , 534 F.3d 117, 132 (2d Cir. 2008) (internal quotation marks and citation omitted).

³⁸ Cf. United States v. Copple , 24 F.3d 535, 545-46 (3d Cir. 1994) (victim testimony regarding financial losses in criminal fraud trial was proper insofar as it was relevant to prove specific intent, but further victim impact testimony had little probative value and was unfairly prejudicial).

³⁹ 18 U.S.C. 2113(a).