Search Results for Gall

...Jeffery Ulmer; Michael T. Light © The Ohio State University Beyond Disparity: Changes in Federal Sentencing After Booker and Gall? The U.S. Sentencing Guidelines (hereafter, Guidelines) are among the most ambitious attempts in history to control sentencing discretion. From 1987 to early 2005...

...Laura I. Appleman © The Ohio State University Toward a Common Law of Sentencing: Gall, Kimbrough, and the Search for Reasonableness They sought it with thimbles, they sought it with care; They pursued it with forks and hope; They threatened its life with a railway-share; They charmed...

...Harry Sandick © The Ohio State University Gall and Kimbrough and Their Relevance to Sentencing in White-Collar Cases I. Introduction Ever since United States v. Booker,1 there has been considerable uncertainty about whether that decision made the Federal Sentencing Guidelines truly advisory...

... v. United States to impose a lower sentence. Another argument rests on a distinct-facts-and-circumstances argument under Gall v. United States . Finally, on an appeal of a within-Guideline sentence, there is an argument that, drawing on the analysis in Rita v. United States , a presumption...

...Lex A. Coleman Abstract The 1984 Sentencing Reform Act charged the U.S. Sentencing Commission with developing sentencing guidelines that advanced the purposes of sentencing under 18 U.S.C. § 3553(a). After the Supreme Court cases Booker , Kimbrough , Gall , and Spears , it is now well established...

... 813, 814 (8th Cir.2007). Subsequent to the reversal, the United States Supreme Court issued its decision in Gall v. U.S., 128 S.Ct. 586 (December 10, 2007). The Supreme Court in Gall determined that certain methods used by appellate courts in reviewing sentencing decisions failed to give sufficient...

... for the prior four periods studied. The differences in sentence length remained relatively unchanged compared to the Post-Gall period. Non-government sponsored departures and variances appear to contribute signi cantly to the difference in sentence length between Black male and White male offenders. Black...

... Professor of Sociology, Purdue University We read the most recent report on post-Booker/Gall demographic differences in sentencing with great interest.1 Overall, we would describe the report as a clear improvement on the U.S.S.C. s 2010 report in terms of the clarity with which they described...

..., 2004), the Booker period (January 12, 2005 through December 10, 2007), and the Gall period (December 11, 2007 through September 30, 2011). The Commission selected these periods based on Supreme Court decisions and legislation that in uenced federal sentencing in fundamental ways. Speci cally, in United...

... Explicit Conduct; Advertisement for Minors to Engage in Production) as the primary sentencing guideline in the case. 148 F e d e r a l S e n t e n c i n g R e p o r t e r V o l . 2 4 , N o. 2 d e c e m b e r 2 0 1 1 The Post-Booker Period 0.2 percent; and The Post-Gall Period 0.3 percent...

.... The Court has issued decisions with conflicting language, abandoned ordinary features of presumptions and appellate review, and suggested imprecisely defined new legal tests. These developments have led to confusion and conflict in the circuits. I. Gall v. United States The Court s efforts to promote both...

... court s Guidelines analysis. Although Rita v. United States2 is clear that the Guidelines remain of paramount importance because a sentence within the prescribed range is presumptively reasonable, the Court s decision in Gall v. United States3 has restored a considerable measure of the judicial...

... starting with Apprendi v. New Jersey,1 running through Booker v. United States,2 and ending in Gall v. United States3 and Kimbrough v. United States,4 the Supreme Court killed off determinate sentencing. These decisions rendered the Guidelines advisory only 5 and made clear that appellate review...

... court sentence that reflects a proper application of the sentencing guidelines); Gall v. United States, 552 U.S. 38, 49 (2007) a]s we explained in Rita, a district court should begin all sentencing proceedings by correctly calculating the applicable guideline range 47 The offense types used...

... the matrix of the Guidelines tables. In Kimbrough v. United States3 and Gall v. United States,4 the Supreme Court addressed well-known criticisms of the way the Guidelines mete out punishment to narcotics offenders by focusing on the type and quantity of the drug at issue. The cases are also relevant...

..., 2006 (approximately 18 months) 4. Post-Booker II: July 1, 2006 December 9, 2007 (approximately 17 months) 5. Kimbrough/Gall: December 10, 2007 September 30, 2008 (approximately 10 months) These periods track the key statutory changes and Supreme Court decisions between October 2001 and September 2008...

... and United States v. Gall.1 The Commission further claims that interjudge disparity has increased in two-thirds of the federal districts, and that interdistrict variation has also increased.2 If its ndings were accurate, and if these changes could be causally attributed to Booker and its successors...

... similar Black and White men has nearly quadrupled: from 4.5 percent before Booker, to 15 percent after it, to 19.5 percent after United States v. Kimbrough and United States v. Gall.1 The Commission further claims that interjudge disparity has increased in two-thirds of the federal districts...

... of the offense, the criminal history of the defendants, or the characteristics of the defendant. A. Individual characteristics may warrant different sentences. Two recent cases in the United States Supreme Court, Gall v. United States11 and Pepper v. United States,12 illustrate that not all differences...