Cite as: 503 U. S. 193 (1992)
White, J., dissenting
p. 167 (1983) (emphasis added; footnote omitted) (hereinafter S. Report).9
The legislative history to 18 U. S. C. § 3557 10 is equally clear in this regard:
"The provisions for appellate judicial review of sentences in section 3742 are designed to reduce materially any remaining unwarranted disparities by giving the right to appeal a sentence outside the guidelines and by providing a mechanism to assure that sentences inside the guidelines are based on correct application of the guidelines." S. Report 86 (emphasis added).
The majority of the Justices asserts that, because one of three reasons for the upward departure imposed here by the District Court was invalid, an "incorrect application of the
9 The legislative history behind the nature, role, and purpose of the district court's statement pursuant to 18 U. S. C. § 3553(c) of its reasons for imposing a particular sentence is similarly instructive:
"The statement of reasons for a sentence outside the guidelines is especially important. Under proposed 18 U. S. C. 3742, a defendant may appeal a sentence above the applicable guidelines, and the government may appeal a sentence below the guidelines. If the appellate court finds that a sentence outside the guidelines is unreasonable, the case may be remanded to the trial court for resentencing . . . . The statement of reasons will play an important role in evaluation of the reasonableness of the sentence. In fact, if the sentencing judge fails to give specific reasons for a sentence outside the guidelines, the appellate court would be justified in returning the case to the sentencing judge for such a statement.
"Sentences within the guidelines are subject to appeal under proposed 18 U. S. C. 3742 on grounds of illegality or an incorrect application of the guidelines. As with sentences outside the guidelines, the statement of reasons may play a role in the appellate court's decision on the legality of sentences. The statement of reasons in cases claiming incorrect application of the guidelines will probably play only a minor role in the appellate process because the sentencing court will be deciding factual issues concerning offense and offender characteristics which might not be discussed in the statement of reasons." S. Report 80 (emphasis added).
10 "Review of a sentence. The review of a sentence imposed pursuant to section 3551 is governed by the provisions of section 3742." § 3557.
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