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KOON v. UNITED STATES

No. 94-1664.

518 U.S. 81 (1996)

116 S.Ct. 2035

135 L.Ed.2d 392

KOON v. UNITED STATES

Supreme Court of United States.

Decided June 13, 1996.

Attorney(s) appearing for the Case

Theodore B. Olson argued the cause for petitioner in No. 94-1664. With him on the briefs were Theodore J. Boutrous, Jr., John K. Bush, Richard J. Leighton, Joel Levine, and Ira M. Salzman. William J. Kopeny argued the cause and filed briefs for petitioner in No. 94-8842.

Deputy Solicitor General Dreeben argued the cause for the United States in both cases. With him on the brief were Solicitor General Days, Assistant Attorney General Patrick, Acting Assistant Attorney General Keeney, Irving L. Gornstein, Jessica Dunsay Silver, Linda F. Thome, and Vicki Marani.†

Justice Kennedy, delivered the opinion of the Court.

The United States Sentencing Commission Guidelines establish ranges of criminal sentences for federal offenses and offenders. A district court must impose a sentence within the applicable Guideline range, if it finds the case to be a typical one. See 18 U. S. C. § 3553(a). District courts may depart from the Guideline range in certain circumstances, however, see ibid., and here the District Court departed...

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