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Gall v. United States

Docket No.: 06-7949
Certiorari Granted: Jun 11 2007
Argued: October 2, 2007
Decided: December 10, 2007

Topic:

Federal Sentencing Guidelines:

PartyNames: GALL v. UNITED STATES
Petitioner: Brian Michael Gall
Respondent: United States

Court Below: United States Court of Appeals for the Eighth Circuit

Brian Michael Gall
v.
United States
552 U.S. 38 (2007)
Question Presented:

Whether, when determining the "reasonableness" of a district court sentence under United States v. Booker, 543 U.S. 220 (2005), it is appropriate to require district courts to justify a deviation from the United States Sentencing Guidelines with a finding of extraordinary circumstances.

Question:

May Courts of Appeals apply a presumption of unreasonableness to sentences that fall outside the range in the federal sentencing guidelines, so that district courts must justify below-guidelines sentences with a finding of extraordinary circumstances?

Holding: judgment reversed
Vote: 7-2
Opinion By:
Read GALL V. UNITED STATES opinion (PDF)

Other Resources for Gall v. United States:
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