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Brian Michael Gall, Petitioner v. United States on Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit
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Brian Michael Gall, Petitioner v. United States on Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit
Publication year:
2007
| Cataloged on:
Jan. 03, 2008
ANNOTATION: The Supreme Court found that a sentence constituting a substantial variance from the range recommended by the Federal Sentencing Guidelines can not be reversed by a court of appeals utilizing a "proportionality test" and requiring justification by extraordinary circumstances. The "court of appeals must review all sentences - whether inside, just outside, or significantly outside the Guidelines range - under a deferential abuse-of-discretion standard" (p. 2). The judgment of the U.S. Court of Appeals for the Eighth Circuit is reversed as the District Judge's decision was reasonable.