Gall v. United States

This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. Please help improve this article by introducing more precise citations. (December 2020) (Learn how and when to remove this message)

Gall v. United States
Supreme Court of the 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
Chief Justice John Roberts Associate Justices John P. Stevens · Antonin Scalia Anthony Kennedy · David Souter Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito
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.