Brian Michael Gall v. United States (552 U.S. 38)
U.S. Supreme Court · decided December 10, 2007 · Supreme Court Database (Spaeth)
- Citation
- 552 U.S. 38 · 128 S. Ct. 586
- Decided
- December 10, 2007
- Term
- October Term 2007
- Vote
- 7–2
- Majority author
- Justice Stevens
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Justice Stevens delivered the opinion of the Court. In two cases argued on the same day last Term we considered the standard that courts of appeals should apply when reviewing the reasonableness of sentences imposed by district judges. The first, Rita v. United States, 551 U. S. 338 (2007), involved a sentence within the range recommended by the Federal Sentencing Guidelines; we held that when a district judge’s discretionary decision in a particular case accords with the sentence the United States Sentencing Commission deems appropriate “in the mine run of cases,” the court of appeals may presume that the sentence is reasonable. Id., at 351. The second case, Claiborne v. United States, involved a sentence below the range recommended by the Guidelines, and raised the converse question whether a court of appeals may apply a “proportionality test,” and require that a sentence that constitutes a substantial variance from the Guidelines be justified by extraordinary circumstances. See Claiborne v. United States, 549 U. S. 1016 (2006). We did not have the opportunity to answer this question because the case was mooted by Claiborne’s untimely death. Claiborne v. United States, 551 U. S. 87 (2007) (per curiam). We granted certiorari in the case before us today in order to reach that question, left unanswered last Term. 551 U. S. 1113 (2007). We now hold that, while the extent of the…
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