context: As part of the sentencing process, a district court may consider whether the case before it lies within the "heartland" of typical cases considered by the Sentencing Commission when it drafted the Guidelines. Even after Booker, the district court is still required to apply the Guidelines and to consider the recommended sentence as one factor in its decision.
citation_a.signal: see
citation_a.parenthetical: "Although district courts post -Booker have discretion to assign sentences outside of the Guidelines-authorized range, they should also continue to apply the Guidelines departure provisions in appropriate cases."
citation_a.sentence: See United States v. Sierrar-Castillo, 405 F.3d 932, 936 n. 2 (10th Cir.2005) (“Although district courts post -Booker have discretion to assign sentences outside of the Guidelines-authorized range, they should also continue to apply the Guidelines departure provisions in appropriate cases.”); U.S.S.G. § 1A1.1 editorial note, ch. 1, pt. A, introductory cmt. n. 4(b) (“When a court finds an atypical case, one to which a particular guideline linguistically applies but where conduct significantly differs from the norm, the court may consider whether a departure is warranted.”).
citation_b.signal: no signal
citation_b.identifier: 128 S.Ct. 586, 596
citation_b.parenthetical: "[A] district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range."
citation_b.sentence: Gall v. United States, — U.S.-, 128 S.Ct. 586, 596, 169 L.Ed.2d 445 (2007) (“[A] district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range.”); see also 18 U.S.C. § 3553(a)(4). One step in applying the Guidelines is to determine whether or not to depart from the range specified in the Sentencing Table.