Fun with Numbers: Gall's Mixed Message Regarding Variance Calculations
University of Chicago - Law School
March 12, 2013
University of Chicago Law Review 2013, Forthcoming
This Comment seeks to resolve an unaddressed issue stemming from recent developments in the Supreme Court’s sentencing jurisprudence. In Gall v. United States, the Supreme Court required that appellate courts "consider the extent of the deviation" of criminal sentences imposed outside the Sentencing Guidelines range. The Court, however, provided little guidance as to what this requirement means. Specifically, how should appellate courts calculate that deviation from the Sentencing Guidelines?
Number of Pages in PDF File: 37
Keywords: guidelines, variance, Gall, extent of variance, deviation
Date posted: March 13, 2013 ; Last revised: May 14, 2013