![]() | This article includes a list of references, related reading, or external links, but its sources remain unclear because it lacks inline citations. (December 2020) |
Gall v. United States | |
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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 | |
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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.