United States v. LaBonte, 520 U.S. 751, 15 (1997)

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Cite as: 520 U. S. 751 (1997)

Breyer, J., dissenting

judge to look to the way in which the offender committed the crime; and they provide specific upward adjustments in light of certain aggravating features of the criminal behavior—adjustments they call "Specific Offense Characteristics." (For example, if the robber used a gun, the judge adds six levels. Id., § 2B3.1(b)(2)(B).)

The Guidelines then tell the judge to turn to the relevant characteristics of the defendant, see 28 U. S. C. § 994(d)—features not of the crime, but of the criminal. In particular, they tell the judge to assign a number of "points" determined by what the Commission has determined to be the single most important offender characteristic, namely, the offender's prior criminal behavior. These points in turn correspond to one of six Criminal History Categories. (For example, if the robber had one serious prior criminal conviction, that is, one that led to a sentence of imprisonment of more than 13 months, the judge will assign three points, which places the offender in Criminal History Category II. USSG § 4A1.1(a), and id., ch. 5, pt. A (table).)

After determining the "offense level" and Criminal History Category applicable to the offender, the sentencing judge (after making various other possible adjustments) will consult a table, the rows of which consist of "levels" and the columns of which consist of "Categories." The intersection of the appropriate row and column will normally indicate a narrow range of months of imprisonment. (For example, at the intersection of level 26 and Category II lies a sentencing range of 70-87 months' imprisonment. Id., ch. 5, pt. A (table).) In an ordinary case, the judge will sentence within that indicated range.

I say "in an ordinary case" because almost all Guideline rules are meant to govern typical cases. See 18 U. S. C. § 3553(b); 28 U. S. C. §§ 991(b)(1)(B), 994(b)(2) (requiring strict limits upon judge's sentencing discretion in ordinary cases). At the same time, the sentencing judge is free to depart from the Guidelines sentence in an atypical case—one

765

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