Williams v. United States, 503 U.S. 193, 7 (1992)

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Cite as: 503 U. S. 193 (1992)

Opinion of the Court

result of an incorrect application of the Guidelines, or if the district court departed upward from the guideline range. § 3742(a). Similarly, the Government may file an appeal if a sentence was imposed in violation of law or as a result of an incorrect application of the Guidelines, or if the district court departed downward from the guideline range. § 3742(b).

For both types of appeal, § 3742(f) delineates the following narrow scope of review:

"If the court of appeals determines that the sentence—

"(1) was imposed in violation of law or imposed as a result of an incorrect application of the sentencing guidelines, the court shall remand the case for further sentencing proceedings with such instructions as the court considers appropriate;

"(2) is outside the applicable guideline range and is unreasonable or was imposed for an offense for which there is no applicable sentencing guideline and is plainly unreasonable, it shall state specific reasons for its conclusions and— "(A) if it determines that the sentence is too high and the appeal has been filed [by the defendant], it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate; "(B) if it determines that the sentence is too low and the appeal has been filed [by the Government], it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate;

"(3) is not described in paragraph (1) or (2), it shall affirm the sentence."

A

In the case before us, Williams urges that the District Court's use of his arrest record as a ground for departure was a misapplication of the Guidelines and that the "incor-

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