A New Era of Federal Sentencing: The Guidelines Provide District Court Judges a Cloak, but Is Gall Their Dagger?

Authors

• Anna E. Papa, University of Georgia School of Law

Publication Date

2008

Abstract

Federal district court judges today have a level of sentencing discretion that has been unknown since the adoption of the United States Sentencing Guidelines. This Note reviews the history of the Guidelines and outlines the problems that have resulted from the Supreme Court's decisions in Booker, Rita, and Gall This Note argues that the confusion may be clarified by giving effect to the text of 18 U.S.C. §3553(a), which requires that federal district court judges impose sentences that are sufficient, but not greater than necessary, and requires them to examine all the factors provided in the statute. The court's recent opinion in Gall is helpful in restoring to district court judges their needed discretion, but courts must interpret Gall as a means through which they can accomplish the goals of sentencing. Going forward, sentencing judges should impose sentences that properly take into account the seven factors of§ 3553 but are not lengthier than necessary to do so.

Recommended Citation

Papa, Anna E. (2008) "A New Era of Federal Sentencing: The Guidelines Provide District Court Judges a Cloak, but Is Gall Their Dagger?," Georgia Law Review: Vol. 43: No. 1, Article 7.
Available at: https://digitalcommons.law.uga.edu/glr/vol43/iss1/7