Cite as: 503 U. S. 193 (1992)
White, J., dissenting
Justice White, with whom Justice Kennedy joins, dissenting.
Title 18 U. S. C. § 3553(b),1 a section of the Sentencing Reform Act of 1984 (Act), as amended, 18 U. S. C. § 3551 et seq. and 28 U. S. C. §§ 991-998, directs that in sentencing a convicted defendant, the district court shall impose a sentence of the kind and within the range referred to in § 3553(a)(4) 2 and established under the Guidelines issued by the Sentencing Commission, "unless the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described." If the court departs from the sentence that would be imposed within the range established pursuant to § 3553(a)(4), it must
1 Section 3553(b) in relevant part states: "(b) Application of guidelines in imposing a sentence.—The court shall impose a sentence of the kind, and within the range, referred to in subsection (a)(4) unless the court finds that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described. In determining whether a circumstance was adequately taken into consideration, the court shall consider only the sentencing guidelines, policy statements, and official commentary of the Sentencing Commission."
2 Section 3553(a)(4) states in full: "(a) Factors to be considered in imposing a sentence.—The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider—
. . . . . "(4) the kinds of sentence and the sentencing range established for the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines that are issued by the Sentencing Commission pursuant to 28 U. S. C. 994(a)(1) and that are in effect on the date the defendant is sentenced . . . ."
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