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