Fun with Numbers: Gall's Mixed Message Regarding Variance Calculations
37 Pages Posted: 13 Mar 2013 Last revised: 14 May 2013
Date Written: March 12, 2013
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
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