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Gall Vs. United States
Cites for this judgment
- US Supreme Court
- Dec 10, 2007
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Gall v. UnitedSearch
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States - 06-7949 (2007) Syllabus October Term, 2007 Gall V. UnitedSearch
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J., and Souter, J., filed concurring opinions. Thomas, J., and Alito, J., filed dissenting opinions. Gall v. UnitedSearch
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States - 06-7949 (2007) Opinion of the Court Gall V. UnitedSearch
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Supreme Court of the United States No. 06-7949 Brian Michael Gall, Petitioner V. UnitedSearch
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of appeals should apply when reviewing the reasonableness of sentences imposed by district judges. The first, Rita v. UnitedSearch
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slip op., at 11). The second case, Claiborne v. UnitedSearch
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that constitutes a substantial variance from the Guidelines be justified by extraordinary circumstances. See Claiborne v. UnitedSearch
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s untimely death. Claiborne v. UnitedSearch
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Brief any citation in this list with AI Studio
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II The Court of Appeals reversed and remanded for resentencing. Relying on its earlier opinion in United States v. ClaiborneSearch
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F. 3d 884, 889 (CA8 2006) (quoting Claiborne, 439 F. 3d, at 481, in turn quoting United States v. JohnsonSearch
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justifications for departures from the Guidelines range is not consistent with our remedial opinion in United States v. BookerSearch
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acknowledged that such a presumption would not be consistent with Booker. See Brief for United States in Rita v. UnitedSearch
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are nonetheless subject to several standard conditions that substantially restrict their liberty. See United States v. KnightsSearch
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quoting Griffin v. WisconsinSearch
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Koon v. UnitedSearch
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s decision. v. TheSearch
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s immaturity. The footnote includes an excerpt from our opinion in Roper v. SimmonsSearch
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conduct in the future. Indeed, his consideration of that factor finds support in our cases. See, e.g., Johnson v. TexasSearch
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quoting Eddings v. OklahomaSearch
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s authority to deviate from the Guidelines range in a particular drug case, is addressed in Kimbrough v. UnitedSearch
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such a presumption of unreasonableness even prior to our decision in Rita . See, e.g. , United States v. HowardSearch
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United States v. MathenySearch
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Judge in this case, Judge Pratt, has sentenced over 990 offenders over the course of his career. United States v. LikensSearch
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Justice Scalia, concurring. I join the opinion of the Court. In Rita v. UnitedSearch
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in a sentencing scheme constitutionally indistinguishable from the mandatory Guidelines struck down in United States v. BookerSearch
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not have been upheld but for the existence of a fact found by the sentencing judge and not by the jury. Gall v. UnitedSearch
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s companion case of Kimbrough v. UnitedSearch
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which follow United States v. BookerSearch
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U. S. 220 (2005), and Rita v. UnitedSearch
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slip op., at 9). Gall v. UnitedSearch
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Justice Thomas, dissenting. Consistent with my dissenting opinion in Kimbrough v. UnitedSearch
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the District Court committed statutory error when it departed below the applicable Guidelines range. Gall v. UnitedSearch
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States - 06-7949 (2007) Alito, J., Dissenting Gall V. UnitedSearch
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dissenting. The fundamental question in this case is whether, under the remedial decision in United States v. BookerSearch
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Id . , at 263. Indeed, a major theme of the remedial opinion, as well as our decision last Term in Rita v. UnitedSearch
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U. S. 405 , 416 (1975). Accord, United States v. TaylorSearch
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Franks v. BowmanSearch
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Taylor , supra , at 337. See Hensley v. EckerhartSearch
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See also United States v. OaklandSearch
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Opinion of the Court Gall V. UnitedSearch
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Brian Michael Gall, Petitioner V. UnitedSearch
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Rita v. UnitedSearch
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Claiborne v. UnitedSearch
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