Kimbrough and Gall (Booker and Guidelines)

InKimbrough vUnited States, 552 US 85; 128 S Ct 558 (2007)(dec'07), the Court held that underBooker(543 US 220), the cocaine sentencing guidelines, like all other guidelines, are advisory only.Thus the 4thCircuit erred in determining that a sentence out of range is per se unreasonable when based on the disparity for crack and powder cocaine offenses. It is permissible for a judge to determine, under particular facts, that a within-guidelines sentence is "greater than necessary" to serve sentencing objectives. In doing this the judge may consider the crack/powder disparity.InGall vUnited States,__ US __; 128 S Ct 586 (2007)(dec'07), the court reviewed the reasonableness of sentences imposed by district judges. While the extent of the difference between a particular sentence and the recommended guidelines range is relevant, courts of appeals must review all sentences, whether inside, just outside, or significantly outside the range, under a deferential abuse of discretion standard.