Sunday, March 24, 2013
Nicholas Deuschle has posted Fun with Numbers: Gall's Mixed Message Regarding Variance Calculations (University of Chicago Law Review 2013, Forthcoming) on SSRN. Here is the abstract:
This Comment seeks to resolve an unaddressed issue stemming from recent developments in the Supreme Court’s sentencing jurisprudence. In Gall v. United States, the Supreme Court required that appellate courts "consider the extent of the deviation" of criminal sentences imposed outside the Sentencing Guidelines range. The Court, however, provided little guidance as to what this requirement means. Specifically, how should appellate courts calculate that deviation from the Sentencing Guidelines?