Claiborne v. United States; Rita v. United States
- Case Date: 12/19/2006
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On June 21, 2007, the Supreme Court ruled that a sentence imposed within the range set by the harsh federal sentencing guidelines may be regarded as presumptively reasonable by a reviewing court of appeals. The 8-1 decision written by Justice Stephen Breyer emphasized, however, that courts of appeals are not mandated to regard a guideline sentence as presumptively reasonable. District courts, while they must consider the guidelines in imposing a sentence, need not regard them as presumptively reasonable either. The Court did not address the issue of sentences imposed below the guideline sentence, having dismissed the related Claiborne case as moot, but will address the issue in the fall in Gall v. United States.
More Information and Downloads:
12/18/2006: Download the Brief
Litigation Update: Supreme Court Rules that Sentencing Guidelines are Presumptively Reasonable