Sentencing note.

AuthorBrown, Logan

In 2005, the Supreme Court severed the provision that made the Guidelines mandatory, rendering them "effectively advisory." (1) To meet the requirement of procedural reasonableness, a sentencing court must begin by its sentencing by correctly calculating the Guidelines range, then consider each of the applicable factors in 18 U.S.C. [section] 3553(a). (2) To meet the requirement of substantive reasonableness, a district court must issue a sentence that is consistent with the [section] 3553(a) factors. (3) A sentence within the Guideline range is presumed to be substantively reasonable in some circuits. (4) An appellate court may not presume that sentence is substantively unreasonable simply because it is outside the Guidelines range. (5)

(1.) See United States v. Booker, 543 U.S. 220,245 (2005).

(2.) See Gall v. United States, 552 U.S. 38, 49 (2007) (requiring that sentencing begin with the Guidelines range); U.S. Sentencing Guidelines Manual [section] IB 1.1 (2012) [hereinafter...

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