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U.S. v. GARDELLINI

No. 07-3089.

545 F.3d 1089 (2008)

UNITED STATES of America, Appellant v. Gus GARDELLINI, also known as Carlos Gustavo Gardellini, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 2008.

Attorney(s) appearing for the Case

Nathan J. Hochman, Assistant Attorney General, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Jeffrey A. Taylor, U.S. Attorney, and Alan Hechtkopf, Attorney. Roy W. McLeese III, Assistant U.S. Attorney, entered an appearance.

David Schertler argued the cause for appellee. With him on the brief were David Dickieson and Peter V. Taylor.

Dissenting Opinion filed by Senior Circuit Judge WILLIAMS.

KAVANAUGH, Circuit Judge:

This case exemplifies our deferential substantive review of sentences — including outside-the-Guidelines sentences — in the wake of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Gall v. United States, ___ U.S. ___, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The Sentencing Guidelines range for defendant Gardellini's tax offense was 10 to 16 months....

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