Gall v. United States
| Gall v. United States | |
|---|---|
| Argued October 2, 2007 Decided December 10, 2007 | |
| Full case name | Brian Gall v. United States of America |
| Docket no. | 06-7949 |
| Citations | 552 U.S. 38 (more) 128 S. Ct. 586; 169 L. Ed. 2d 445, 2007 U.S. LEXIS 13083 |
| Argument | Oral argument |
| Case history | |
| Prior | Sentence of 36 months probation vacated by the Eighth Circuit, 446 F.3d 884 (8th Cir. 2006). |
| Holding | |
| The federal appeals courts may not presume that a sentence falling outside the range recommended by the Federal Sentencing Guidelines is unreasonable. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Stevens, joined by Roberts, Scalia, Kennedy, Souter, Ginsburg, Breyer |
| Concurrence | Scalia |
| Concurrence | Souter |
| Dissent | Thomas |
| Dissent | Alito |
| Laws applied | |
| 18 U.S.C. § 3553(a); United States v. Booker, 543 U.S. 220 (2005) | |
Gall v. United States, 552 U.S. 38 (2007), was a decision by the United States Supreme Court, which held that the federal appeals courts may not presume that a sentence falling outside the range recommended by the Federal Sentencing Guidelines is unreasonable. Applying this rule to the case at hand, it upheld a sentence of 36 months' probation imposed on a man who pleaded guilty to conspiracy to distribute ecstasy in the face of a recommended sentence of 30 to 37 months in prison.