Reasonableness Under The United States Sentencing Guidelines

In recent years, several decisions by the United Statesruled that federal district court judges have greater
Supreme Court have determined how federal courtslatitude in imposing a sentence that falls outside the
now apply the federal guidelines at sentencing. TheSentencing Guideline range for a particular sentence.
most notable is United States v. Booker, 543 U.S. 220The Court held that district courts need not be required
(2005), where the Supreme Court transformed theto give "extraordinary reasons" for departing from the
federal sentencing guidelines from mandatory toGuidelines, as long as they do no abuse their discretion
advisory as a way of curing a defect that renderedin imposing a particular sentence.
the guidelines unconstitutional.The Court was not finished yet as it had granted
In Booker, the Court directed that sentences metedanother case by the name of Kimbrough v. United
out under the newly advisory guidelines should beStates, 128 S. Ct. 558 (2007), certiorari in order to
reviewed, if challenged, by the federal courts ofanswer additional questions about the use of the
appeals to determine whether they are "reasonable." Inguidelines at sentencing.
response, a number of appellate courts gravitatedIn Kimbrough, the Supreme Court affirmed that district
back to the guidelines. They affirmed as "reasonable"court judges have the discretion to deviate from
within-guideline range sentences, but vacated as "notfederal sentencing guidelines and to consider other
reasonable" sentences that fell below the guidelinefactors - including disparities in crack and powder
range.cocaine sentences - when issuing sentences to drug
The picture became a little more cloudy last year withoffenders. This decision seemed to go hand in hand
the decision Rita v. United States, 128 S. Ct. 19 (2007).with the United States Sentencing Commission's
There the Supreme Court addressed whether aamendment to the guidelines that reduced the crack
within-guideline sentence could be "presumedoffender offense levels due to disparity.
reasonable" and determined that it could.Many experts agree that these decisions have given
The question of how or whether the presumptionfederal district judges back the discretion that was
applies to sentences below the guideline range wasonce stripped away from them at sentencing. In the
not decided because the petitioner in the companionpre-Booker days, the sentencing judge had no choice
case, Claiborne v. United States, 127 S. Ct. 2245but to follow the guidelines or else run the risk of being
(2007), died while it was pending and his case wasreversed by a government appeal in the appellate
dismissed.court.
In the fall of 2007, the Court granted certiorari to theFinally, these district judges are now free to exercise
case Gall v. United States, 128 S.Ct. 586 (2007) tosome long overdue common sense in determining an
answer the question that it was not able to do inoffender's sentence.
Claiborne. On December 11, 2007, the Supreme Court