Where a sentencing judge corrects a sentence after discovering the applicable maximum penalty is lower than assumed, the judge must not simply reduce the sentence to the correct maximum but must re-exercise the sentencing discretion afresh, having regard to the correct maximum. Imposition of the maximum penalty without explanation after such a correction constitutes sentencing error. A complaint that a sentencing judge gave insufficient weight to a mitigating factor is simply a particular supporting the proposition that the sentence was manifestly excessive, and unless the end result is outside the appropriate range, the sentence cannot be impeached on that basis.
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