Kimbrough and Gall: Taking Another "Crack" at Expanding judicial Discretion Under the Federal Sentencing Guidelines

Abstract

This Comment examines the Court's decisions in Gall and Kimbrough and discusses their ramifications. Part II examines the history of the Guidelines and discusses the jurisprudential evolution leading up to Gall and Kimbrough. Part III sets forth a detailed analysis and critique of both opinions. Part IV explores both the practical and legal impact of these cases. Finally, Part V concludes with a summary and parting comments.