Gall v. United States
| Gall v. 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 | |
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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.