Court: |
US Supreme Court |
|
Facts: |
Gall was involved in an extasy-dealing scheme, but he withdrew,
cleaned up his act, moved away, finished his degree, and
was generally self-rehabilitated. |
|
Posture: |
Sentenced to probation; court of appeals reverses and remands
for resentencing, because that was, after all, pretty light.
Appeal. |
|
Issue: |
What is the standard of review for sentencing? |
|
Holding: |
Sentence is affirmed. |
|
Rule: |
Sentencing review is deferential; it should look only for
abuse of discretion. |
|
Reasoning: |
Because sentencing guidelines are advisory, all that review
should look for is whether the sentence was reasonable,
since it is not for the appellate court to require
guidelines of its own. |
|
Dicta: |
Dissent: why even have a sentencing reform act, if we're just
going to put 100% discretion in the judge? |