Gall v. United States
E649386
Gall v. United States is a 2007 U.S. Supreme Court decision that clarified federal sentencing discretion by holding that appellate courts must review all sentences, including those outside the Sentencing Guidelines, under a deferential abuse-of-discretion standard.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
criminal law case ⓘ sentencing law case ⓘ |
| areaOfLaw |
United States federal sentencing law
ⓘ
criminal procedure ⓘ |
| arguedDate | 2007-10-02 ⓘ |
| citation | 552 U.S. 38 ⓘ |
| concurrenceBy |
Anthony M. Kennedy
NERFINISHED
ⓘ
Clarence Thomas NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 2007-12-10 ⓘ |
| disposition | Judgment of the Court of Appeals for the Eighth Circuit reversed ⓘ |
| dissentBy |
Antonin Scalia
NERFINISHED
ⓘ
Clarence Thomas NERFINISHED ⓘ David H. Souter NERFINISHED ⓘ John G. Roberts Jr. NERFINISHED ⓘ |
| docketNumber | 06-7949 ⓘ |
| fullName | Gall v. United States NERFINISHED ⓘ |
| holding |
A sentence outside the Sentencing Guidelines is not presumptively unreasonable.
ⓘ
Appellate courts may not require extraordinary circumstances to justify a sentence outside the Guidelines range. ⓘ Courts of appeals must review all sentences under a deferential abuse-of-discretion standard, whether inside or outside the Guidelines range. ⓘ District courts may not presume that the Guidelines range is reasonable. ⓘ |
| joinedByInMajority |
Anthony M. Kennedy
NERFINISHED
ⓘ
David H. Souter NERFINISHED ⓘ Ruth Bader Ginsburg NERFINISHED ⓘ Samuel A. Alito Jr. NERFINISHED ⓘ Stephen G. Breyer NERFINISHED ⓘ |
| jurisdiction | United States federal courts NERFINISHED ⓘ |
| keyPrinciple |
Appellate review of sentencing focuses on reasonableness under abuse-of-discretion, not de novo reweighing of factors.
ⓘ
Sentencing judges have substantial discretion to vary from the Guidelines based on §3553(a) factors. ⓘ |
| languageOfDecision | English ⓘ |
| legalIssue |
federal sentencing guidelines
ⓘ
standard of appellate review for sentencing ⓘ |
| majorityOpinionBy | John Paul Stevens NERFINISHED ⓘ |
| originatingCircuit | United States Court of Appeals for the Eighth Circuit NERFINISHED ⓘ |
| originatingCourt | United States District Court for the Southern District of Iowa NERFINISHED ⓘ |
| page | 38 ⓘ |
| petitioner | Brian Michael Gall NERFINISHED ⓘ |
| relatedTo |
Kimbrough v. United States
NERFINISHED
ⓘ
Rita v. United States NERFINISHED ⓘ United States Sentencing Guidelines NERFINISHED ⓘ United States v. Booker NERFINISHED ⓘ |
| reporter | United States Reports ⓘ |
| respondent | United States NERFINISHED ⓘ |
| statuteInterpreted | 18 U.S.C. §3553(a) ⓘ |
| subjectMatter | reasonableness review of federal criminal sentences ⓘ |
| volume | 552 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.