Gall-ing Approach to Reasonableness Review: The Eighth Circuits Sentencing Review in United States v. Gall Exemplifies the Agony (and Ecstasy) Facing the Post-Booker Federal Judiciary, A
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Authors
Rudman, Nicholas K.
Issue Date
2007
Volume
40
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The United States Congress enacted the Sentencing Reform Act of 1984 (SRA) in an attempt to remedy sentencing disparities within the federal court system. The SRA created the United States Sentencing Commission, which in turn issued the mandatory United States Sentencing Guidelines ("Guidelines") to ease the disparities. Over twenty years later in United States v. Booker, the United States Supreme Court attempted to resolve the Sixth Amendment issues posed by the mandatory nature of the Guidelines. When the Booker Court eventually rendered the Guidelines advisory, it also inferred a standard of reasonableness for appellate review of sentences. In the months since the Booker decision, the federal judiciary has imposed sentences in approximately 40,000 cases...
Description
Citation
40 Creighton L. Rev. 353 (2006-2007)
Publisher
Creighton University School of Law