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Fun with Numbers: Gall's Mixed Message Regarding Variance Calculations

37 Pages Posted: 13 Mar 2013 Last revised: 14 May 2013

Nicholas Deuschle

University of Chicago - Law School

Date Written: March 12, 2013

Abstract

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?

Keywords: guidelines, variance, Gall, extent of variance, deviation

Suggested Citation

Deuschle, Nicholas, Fun with Numbers: Gall's Mixed Message Regarding Variance Calculations (March 12, 2013). University of Chicago Law Review 2013, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2231863

Nicholas Deuschle (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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