Cite as: 503 U. S. 193 (1992)
White, J., dissenting
Looking to this case, there is no question but that the District Court correctly applied the relevant Guidelines to derive the properly applicable guideline range. The "Guideline" Williams places at issue, USSG § 4A1.3, p. s., is specifically designated as a policy statement, dealing only with considerations of whether the criminal history category calculated under the Guidelines was so inadequate as to warrant a departure. This provision is solely to guide a district court's discretion should it find departure from the Guidelines appropriate. Because the District Court's error here in construing this policy statement could in no way affect the applicable guideline range, Williams is not entitled to relief pursuant to subsections 3742(e)(2) and (f)(1).
Accordingly, the only available appellate consideration here is whether Williams' sentence "is outside the applicable guideline range and is unreasonable." 18 U. S. C. § 3742(f)(2). This inquiry is guided solely by § 3742(e)(3), which states in full:
"(e) Consideration.—Upon review of the record, the court of appeals shall determine whether the sentence—
. . . . . "(3) is outside the applicable guideline range, and is unreasonable, having regard for—
"(A) the factors to be considered in imposing a sentence, as set forth in chapter 227 of this title; and
"(B) the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions of section 3553(c) . . . ."
Subsection (e)(3)(A) in fact refers to § 3553(a), designating "factors to be considered in imposing a sentence." 15 It
should be noted as well that the reasons to be assessed pur-15 Briefly recited, these factors include, inter alia, the seriousness of the offense, deterrence, public protection, the applicable guideline range, pertinent policy statements, and avoidance of unwarranted sentencing disparities. 18 U. S. C. § 3553(a).
217
Page: Index Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: October 4, 2007