U.S. v. MARTIN

No. 06-1983.

520 F.3d 87 (2008)

UNITED STATES of America, Appellant, v. Robert MARTIN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 21, 2008.


Attorney(s) appearing for the Case

Dina Michael Chaitowitz, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.

Roger A. Cox, with whom Cox & Cox was on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and SCHWARZER, Senior District Judge.


SELYA, Senior Circuit Judge.

In Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), the Supreme Court shed considerable light on the scope and extent of a district court's discretion under the now-advisory federal sentencing guidelines. See id. at 598-602. This appeal represents our first full-fledged application of the teachings of Gall. At the same time, it also affords us an opportunity to discuss a relatively new phenomenon...

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