A sentencing judge's reliance on aggravating facts not agreed or supported by evidence constitutes material error capable of affecting the outcome. The failure of legal representatives to present an available subjective case, including evidence of intellectual disability and mental ill-health, causes a miscarriage of justice requiring resentencing. On resentencing, evidence of disadvantaged background (Bugmy) and intellectual disability (Muldrock) reduces moral culpability and warrants less weight on general and personal deterrence.
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