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Full Opinion
delivered the opinion of the Court.
In two cases argued on the same day last Term we considered the standard that courts of appeals should apply when reviewing the reasonableness of sentences imposed by district judges. The first, Rita v. United States, 551 U. S. 338 (2007), involved a sentence within the range recommended by the Federal Sentencing Guidelines; we held that when a district judgeâs discretionary decision in a particular case accords with the sentence the United States Sentencing Commission deems appropriate âin the mine run of cases,â the court of appeals may presume that the sentence is reasonable. Id., at 351.
The second case, Claiborne v. United States, involved a sentence below the range recommended by the Guidelines, and raised the converse question whether a court of appeals may apply a âproportionality test,â and require that a sen
I
In February or March 2000, petitioner Brian Gall, a second-year college student at the University of Iowa, was invited by Luke Rinderknecht to join an ongoing enterprise distributing a controlled substance popularly known as âecstasy.â
A month or two after joining the conspiracy, Gall stopped using ecstasy. A few months after that, in September 2000, he advised Rinderknecht and other co-conspirators that he was withdrawing from the conspiracy. He has not sold illegal drugs of any kind since. He has, in the words of the District Court, âself-rehabilitated.â App. 75. He graduated from the University of Iowa in 2002, and moved first to
After Gall moved to Arizona, he was approached by federal law enforcement agents who questioned him about his involvement in the ecstasy distribution conspiracy. Gall admitted his limited participation in the distribution of ecstasy, and the agents took no further action at that time. On April 28,2004 â approximately V/z years after this initial interview, and 3V2 years after Gall withdrew from the conspiracy â an indictment was returned in the Southern District of Iowa charging him and seven other defendants with participating in a conspiracy to distribute ecstasy, cocaine, and marijuana, that began in or about May 1996 and continued through October 30, 2002. The Government has never questioned the truthfulness of any of Gallâs earlier statements or contended that he played any role in, or had any knowledge of, other aspects of the conspiracy described in the indictment. When he received notice of the indictment, Gall moved back to Iowa and surrendered to the authorities. While free on his own recognizance, Gall started his own business in the construction industry, primarily engaged in subcontracting for the installation of windows and doors. In his first year, his profits were over $2,000 per month.
Gall entered into a plea agreement with the Government, stipulating that he was âresponsible for, but did not necessarily distribute himself, at least 2,500 grams of [ecstasy], or the equivalent of at least 87.5 kilograms of marijuana.â Id., at 25. In the agreement, the Government acknowledged that âon or about September of 2000,â Gall had communicated his intent to stop distributing ecstasy to Rinderknecht and other members of the conspiracy. Ibid. The agreement further provided that recent changes in the Guidelines that enhanced the recommended punishment for distributing ecstasy were not applicable to Gall because he had with
In her presentence report, the probation officer concluded that Gall had no significant criminal history; that he was not an organizer, leader, or manager; and that his offense did not involve the use of any weapons. The report stated that Gall had truthfully provided the Government with all of the evidence he had concerning the alleged offenses, but that his evidence was not useful because he provided no new information to the agents. The report also described Gallâs substantial use of drugs prior to his offense and the absence of any such use in recent years. The report recommended a sentencing range of 30 to 37 months of imprisonment.
The record of the sentencing hearing held on May 27,2005, includes a âsmall floodâ of letters from Gallâs parents and other relatives, his fiance, neighbors, and representatives of firms doing business with him, uniformly praising his character and work ethic. The transcript includes the testimony of several witnesses and the District Judgeâs colloquy with the assistant United States attorney (AUSA) and with Gall. The AUSA did not contest any of the evidence concerning Gallâs law-abiding life during the preceding five years, but urged that âthe guidelines are appropriate and should be followed,â and requested that the court impose a prison sentence within the Guidelines range. Id., at 93. He mentioned that two of Gallâs co-conspirators had been sentenced to 30 and 35 months, respectively, but upon further questioning by the District Court, he acknowledged that neither of them had voluntarily withdrawn from the conspiracy.
The District Judge sentenced Gall to probation for a term of 36 months. In addition to making a lengthy statement on the record, the judge filed a detailed sentencing memorandum explaining his decision, and provided the following statement of reasons in his written judgment:
âThe Court determined that, considering all the factors under 18 U. S. C. 3553(a), the Defendantâs explicit*44 withdrawal from the conspiracy almost four years before the filing of the Indictment, the Defendantâs post-offense conduct, especially obtaining a college degree and the start of his own successful business, the support of family and friends, lack of criminal history, and his age at the time of the offense conduct, all warrant the sentence imposed, which was sufficient, but not greater than necessary to serve the purposes of sentencing.â Id., at 117.
At the end of both the sentencing hearing and the sentencing memorandum, the District Judge reminded Gall that probation, rather than âan act of leniency,â is a âsubstantial restriction of freedom.â Id., at 99, 125. In the memorandum, he emphasized:
â[Gall] will have to comply with strict reporting conditions along with a three-year regime of alcohol and drug testing. He will not be able to change or make decisions about significant circumstances in his life, such as where to live or work, which are prized liberty interests, without first seeking authorization from his Probation Officer or, perhaps, even the Court. Of course, the Defendant always faces the harsh consequences that await if he violates the conditions of his probationary term.â Id., at 125.
Finally, the District Judge explained why he had concluded that the sentence of probation reflected the seriousness of Gallâs offense and that no term of imprisonment was necessary:
âAny term of imprisonment in this case would be counter effective by depriving society of the contributions of the Defendant who, the Court has found, understands the consequences of his criminal conduct and is doing everything in his power to forge a new life. The Defendantâs post-offense conduct indicates neither that he will return to criminal behavior nor that the Defendant is a danger to society. In fact, the Defendantâs*45 post-offense conduct was not motivated by a desire to please the Court or any other governmental agency, but was the pre-indictment product of the Defendantâs own desire to lead a better life.â Id., at 125-126.
II
The Court of Appeals reversed and remanded for resentencing. Relying on its earlier opinion in United States v. Claiborne, 439 F. 3d 479 (CA8 2006), it held that a sentence outside of the Guidelines range must be supported by a justification that â â âis proportional to the extent of the difference between the advisory range and the sentence imposed.âââ 446 F. 3d 884, 889 (CA8 2006) (quoting Claiborne, 439 F. 3d, at 481, in turn quoting United States v. Johnson, 427 F. 3d 423, 426-427 (CA7 2005)). Characterizing the difference between a sentence of probation and the bottom of Gallâs advisory Guidelines range of 30 months as âextraordinaryâ because it amounted to âa 100% downward variance,â 446 F. 3d, at 889, the Court of Appeals held that such a variance must be â and here was not â supported by extraordinary circumstances.
Rather than making an attempt to quantify the value of the justifications provided by the District Judge, the Court of Appeals identified what it regarded as five separate errors in the District Judgeâs reasoning: (1) He gave âtoo much weight to Gallâs withdrawal from the conspiracyâ; (2) given that Gall was 21 at the time of his offense, the District Judge erroneously gave âsignificant weightâ to studies showing impetuous behavior by persons under the age of 18; (3) he did not âproperly weighâ the seriousness of Gallâs offense; (4) he failed to consider whether a sentence' of probation would result in âunwarrantedâ disparities; and (5) he placed âtoo much emphasis on Gallâs post-offense rehabilitation.â Id., at 889-890. As we shall explain, we are not persuaded that these factors, whether viewed separately or in the aggregate, are sufficient to support the conclusion that the District
Ill
In Booker we invalidated both the statutory provision, 18 U. S. C. § 3553(b)(1) (2000 ed., Supp. IV), which made the Sentencing Guidelines mandatory, and § 3742(e) (2000 ed. and Supp. IV), which directed appellate courts to apply a de novo standard of review to departures from the Guidelines. As a result of our decision, the Guidelines are now advisory, and appellate review of sentencing decisions is limited to determining whether they are âreasonable.â Our explanation of âreasonablenessâ review in the Booker opinion made it pellucidly clear that the familiar abuse-of-discretion standard of review now applies to appellate review of sentencing decisions. See 543 U. S., at 260-262; see also Rita, 551 U. S., at 361-362 (Stevens, J., concurring).
It is also clear that a district judge must give serious consideration to the extent of any departure from the Guidelines and must explain his conclusion that an unusually lenient or an unusually harsh sentence is appropriate in a particular case with sufficient justifications. For even though the Guidelines are advisory rather than mandatory, they are, as we pointed out in Rita, the product of careful study based on extensive empirical evidence derived from the review of thousands of individual sentencing decisions.
As an initial matter, the approaches we reject come too close to creating an impermissible presumption of unreasonableness for sentences outside the Guidelines range. See id., at 354-355 (âThe fact that we permit courts of appeals to adopt a presumption of reasonableness does not mean that courts may adopt a presumption of unreasonablenessâ).
The mathematical approach also suffers from infirmities of application. On one side of the equation, deviations from
We recognize that custodial sentences are qualitatively more severe than probationary sentences of equivalent terms. Offenders on probation are nonetheless subject to several standard conditions that substantially restrict their liberty. See United States v. Knights, 534 U. S. 112, 119 (2001) (âInherent in the very nature of probation is that probationers âdo not enjoy the absolute liberty to which every citizen is entitledâ â (quoting Griffin v. Wisconsin, 483 U. S. 868, 874 (1987); internal quotation marks omitted)).
On the other side of the equation, the mathematical approach assumes the existence of some ascertainable method of assigning percentages to various justifications. Does withdrawal from a conspiracy justify more or less than, say, a 30% reduction? Does it matter that the withdrawal occurred several years ago? Is it relevant that the withdrawal was motivated by a decision to discontinue the use of drugs and to lead a better life? What percentage, if any, should be assigned to evidence that a defendant poses no future threat to society, or to evidence that innocent third parties are dependent on him? The formula is a classic example of attempting to measure an inventory of apples by counting oranges.
Most importantly, both the exceptional circumstances requirement and the rigid mathematical formulation reflect a practice â common among courts that have adopted âproportional reviewâ â of applying a heightened standard of review to sentences outside the Guidelines range. This is inconsistent with the rule that the abuse-of-discretion standard of review applies to appellate review of all sentencing decisions â whether inside or outside the Guidelines range.
As we explained in Rita, a district court should begin all sentencing proceedings by correctly calculating the applicable Guidelines range. See 551 U. S., at 347-348. As a matter of administration and to secure nationwide consistency, the Guidelines should be the starting point and the initial benchmark. The Guidelines are not the only consideration, however. Accordingly, after giving both parties an opportunity to argue for whatever sentence they deem appropriate, the district judge should then consider all of the § 3553(a)
Practical considerations also underlie this legal principle. âThe sentencing judge is in a superior position to find facts and judge their import under § 3553(a) in the individual case. The judge sees and hears the evidence, makes credibility determinations, has full knowledge of the facts and gains insights not conveyed by the record.â Brief for Federal Public and Community Defenders et al. as Amici Curiae 16. âThe sentencing judge has access to, and greater familiarity with, the individual case and the individual defendant before
âIt has been uniform and constant in the federal judicial tradition for the sentencing judge to consider every convicted person as an individual and every case as a unique study in the human failings that sometimes mitigate, sometimes magnify, the crime and the punishment to ensue.â Id., at 113.
IV
As an initial matter, we note that the District Judge committed no significant procedural error. He correctly calculated the applicable Guidelines range, allowed both parties to present arguments as to what they believed the appropriate sentence should be, considered all of the § 3553(a) factors, and thoroughly documented his reasoning. The Court of Appeals found that the District Judge erred in failing to give proper weight to the seriousness of the offense, as required by § 3553(a)(2)(A), and failing to consider whether a sentence of probation would create unwarranted disparities, as required by § 3553(a)(6). We disagree.
Section 3553(a)(2)(A) requires judges to consider âthe need for the sentence imposed ... to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.â The Court of Appeals concluded that âthe district court did not properly weigh the seriousness of Gallâs offenseâ because it âignored the serious health risks ecstasy poses.â 446 F. 3d, at 890. Contrary to the Court of Appealsâ conclusion, the District Judge plainly did consider the seriousness of the offense. See, e. g., App. 99 (âThe Court, however, is bound to impose a sentence that reflects the seriousness of joining a conspiracy to distribute MDMA or Ecstasyâ); id., at 122.
The Governmentâs legitimate concern that a lenient sentence for st serious offense threatens to promote disrespect for the law is at least to some extent offset by the fact that seven of the eight defendants in this case have been sentenced to significant prison terms. Moreover, the unique facts of Gallâs situation provide support for the District Judgeâs conclusion that, in Gallâs case, âa sentence of imprisonment may work to promote not respect, but derision, of the law if the law is viewed as merely a means to dispense harsh punishment without taking into account the real conduct and circumstances involved in sentencing.â Id., at 126.
Section 3553(a)(6) requires judges to consider âthe need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.â The Court of Appeals stated that âthe record does not show that the district court considered whether a sentence of probation would result in unwarranted disparities.â 446 F. 3d, at 890. As with the seriousness of the offense conduct, avoidance of unwarranted disparities was clearly considered by the Sentencing Commission when setting the Guidelines ranges. Since the District Judge correctly calculated and carefully reviewed the Guidelines range, he necessarily gave significant weight and consideration to the need to avoid unwarranted disparities.
Moreover, as we understand the colloquy between the District Judge and the AUSA, it seems that the judge gave specific attention to the issue of disparity when he inquired about the sentences already imposed by a different judge on two of Gallâs codefendants. The AUSA advised the District
âTHE COURT: . . . You probably know more about this than anybody. How long did those two stay in the conspiracy, and did they voluntarily withdraw?
âMR. GRIESS: They did not.
âTHE COURT: They did not?
âMR. GRIESS: They did not voluntarily withdraw. And they were in the conspiracy, I think, for a shorter period of time, but at the very end.
âTHE COURT: Okay. Thank you.
âMR. GRIESS: A significant difference there, Your Honor, is that they were in the conspiracy after the guidelines changed and, therefore, were sentenced at a much higher level because of that.â App. 88.
A little later Mr. Griess stated: âThe last thing I want to talk about goes to sentencing disparity .... Obviously, the Court is cognizant of that and wants to avoid any unwarranted sentencing disparities.â Id., at 89. He then discussed at some length the sentence of 36 months imposed on another codefendant, Jarod Yoder, whose participation in the conspiracy was roughly comparable to Gallâs. Griess voluntarily acknowledged three differences between Yoder and Gall: Yoder was in the conspiracy at its end and therefore was sentenced under the more severe Guidelines, he had a more serious criminal history, and he did not withdraw from the conspiracy.
From these facts, it is perfectly clear that the District Judge considered the need to avoid unwarranted disparities, but also considered the need to avoid unwarranted similarities among other co-conspirators who were not similarly situated. The District Judge regarded Gallâs voluntary withdrawal as a reasonable basis for giving him a less severe sentence than the three codefendants discussed with the
Since the District Court committed no procedural error, the only question for the Court of Appeals was whether the sentence was reasonable â i. e., whether the District Judge abused his discretion in determining that the § 3553(a) factors supported a sentence of probation and justified a substantial deviation from the Guidelines range. As we shall now explain, the sentence was reasonable. The Court of Appealsâ decision to the contrary was incorrect and failed to demonstrate the requisite deference to the District Judgeâs decision.
V
The Court of Appeals gave virtually no deference to the District Courtâs decision that the § 3553(a) factors justified a significant variance in this case. Although the Court of Appeals correctly stated that the appropriate standard of review was abuse of discretion, it engaged in an analysis that more closely resembled de novo review of the facts presented and determined that, in its view, the degree of variance was not warranted.
The Court of Appeals thought that the District Court âgave too much weight to Gallâs withdrawal from the conspiracy because the court failed to acknowledge the significant benefit Gall received from being subject to the 1999 Guidelines.â
The Court of Appeals thought the District Judge âgave significant weight to an improper factorâ when he compared Gallâs sale of ecstasy when he was a 21-year-old adult to the âimpetuous and ill-consideredâ actions of persons under the age of 18. 446 F. 3d, at 890. The appellate court correctly observed that the studies cited by the District Judge do not explain how Gallâs âspecific behavior in the instant case was impetuous or ill-considered.â Ibid.
In that portion of his sentencing memorandum, however, the judge was discussing the âcharacter of the defendant,â not the nature of his offense. App. 122. He noted that Gallâs criminal history included a ticket for underage drinking when he was 18 years old and possession of marijuana that was contemporaneous with his offense in this case. In summary, the District Judge observed that all of Gallâs criminal history, âincluding the present offense, occurred when he was twenty-one-years old or youngerâ and appeared âto stem from his addictions to drugs and alcohol.â Id., at 122, 123. The District Judge appended a long footnote to his discussion of Gallâs immaturity. The footnote includes an excerpt from our opinion in Roper v. Simmons, 543 U. S. 551, 569 (2005), which quotes a study stating that a lack of maturity and an undeveloped sense of responsibility are qualities that â âoften result in impetuous and ill-considered actions.â â
âImmaturity at the time of the offense conduct is not an inconsequential consideration. Recent studies on the development of the human brain conclude that human brain development may not become complete until the age of twenty-five. . . . [T]he recent [National Institutes of Health] report confirms that there is no bold line demarcating at what age a person reaches full maturity. While age does not excuse behavior, a sentencing court should account for age when inquiring into the conduct of a defendant.â App. 123, n. 2.
Given the dramatic contrast between Gallâs behavior before he joined the conspiracy and his conduct after withdrawing, it was not unreasonable for the District Judge to view Gallâs immaturity at the time of the offense as a mitigating factor, and his later behavior as a sign that he had matured and would not engage in such impetuous and ill-considered conduct in the future. Indeed, his consideration of that factor finds support in our cases. See, e. g., Johnson v. Texas, 509 U. S. 350, 367 (1993) (holding that a jury was free to consider a 19-year-old defendantâs youth when determining whether there was a probability that he would continue to commit violent acts in the future and stating that â âyouth is more than a chronological fact. It is a time and condition of life when a person may be most susceptible to influence and to psychological damageâ â (quoting Eddings v. Oklahoma, 455 U. S. 104,115 (1982))).
Finally, the Court of Appeals thought that, even if Gallâs rehabilitation was dramatic and permanent, a sentence of probation for participation as a middleman in a conspiracy distributing 10,000 pills of ecstasy âlies outside the range of choice dictated by the facts of the case.â 446 F. 3d, at 890 (internal quotation marks omitted). If the Guidelines were still mandatory, and assuming the facts did not justify a Guidelines-based downward departure, this would provide a sufficient basis for setting aside Gallâs sentence because the
We also note that the Government did not argue below, and has not argued here, that a sentence of probation could never be imposed for a crime identical to Gallâs. Indeed, it acknowledged that probation could be permissible if the record contained different â but in our view, no more compelling â mitigating evidence. Tr. of Oral Arg. 37-38 (stating that probation could be an appropriate sentence, given the exact same offense, if âthere are compelling family circumstances where individuals will be very badly hurt in the defendantâs family if no one is available to take care of themâ).
The District Court quite reasonably attached great weight to Gallâs self-motivated rehabilitation, which was undertaken not at the direction of, or under supervision by, any court, but on his own initiative. This also lends strong support to the conclusion that imprisonment was not necessary to deter Gall from engaging in future criminal conduct or to protect the public from his future criminal acts. See 18 U. S. C. §§ 3553(a)(2)(B), (C).
The Court of Appeals clearly disagreed with the District Judgeâs conclusion that consideration of the § 3553(a) factors justified a sentence of probation; it believed that the circumstances presented here were insufficient to sustain such a marked deviation from the Guidelines range. But it is not for the Court of Appeals to decide de novo whether the justification for a variance is sufficient or the sentence reasonable. On abuse-of-discretion review, the Court of Appeals should have given due deference to the District Courtâs reasoned
It is so ordered.
Ecstasy is sometimes called âMDMAâ because its scientific name is âmethylenedioxymethamphetamine.â App. 24, 118.
Notably, not all of the Guidelines are tied to this empirical evidence. For example, the Sentencing Commission departed from the empirical approach when setting the Guidelines range for drug offenses, and chose instead to key the Guidelines to the statutory mandatory minimum sentences that Congress established for such crimes. See United States Sentencing Commission, Guidelines Manual § 1A1.1 (Nov. 2006) (USSG). This decision, and its effect on a district judgeâs authority to deviate from the
Several Courts of Appeals had rejected such a presumption of unreasonableness even prior to our decision in Rita. See, e. g., United States v. Howard, 454 F. 3d 700, 703 (CA7 2006) (âAlthough a sentence outside the range does not enjoy the presumption of reasonableness that one within the range does, it does not warrant a presumption of unreasonablenessâ); United States v. Matheny, 450 F. 3d 633, 642 (CA6 2006) (â[T]his courtâs holding that sentences within the advisory guideline range are presumptively reasonable does not mean that sentences outside of that range are presumptively unreasonableâ); United States v. Myers, 439 F. 3d 415, 417 (CA8 2006) (âWe have determined that a sentence imposed within the guidelines range is presumptively reasonable. While it does not follow that a sentence outside the guidelines range is unreasonable, we review a district courtâs decision to depart from the appropriate guidelines range for abuse of discretionâ (citation omittĂ©d)).
See also Advisory Council of Judges of National Council on Crime and Delinquency, Guides for Sentencing 13-14 (1957) (âProbation is not granted out of a spirit of leniency. ... As the Wickersham Commission said, probation is not merely âletting an offender off easilyâ â); 1 N. Cohen, The Law of Probation and Parole § 7:9 (2d ed. 1999) (â[T]he probation or parole conditions imposed on an individual can have a significant impact on both that person and society. . . . Often these conditions comprehensively regulate significant facets of their day-to-day lives. . . . They may become subject to frequent searches by government officials, as well as to mandatory counseling sessions with a caseworker or psychotherapistâ).
Notably, when the Court of Appeals explained its disagreement with the District Judgeâs decision in this ease, it made no attempt to quantify the strength of any of the mitigating circumstances.
Section 3553(a) lists seven factors that a sentencing court must consider. The first factor is a broad command to consider âthe nature and circumstances of the offense and the history and characteristics of the defendant.â 18 U. S. C. § 3553(a)(1). The second factor requires the consideration of the general purposes of sentencing, including:
âthe need for the sentence imposedâ
â(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
â(B) to afford adequate deterrence to criminal conduct;
â(C) to protect the public from further crimes of the defendant; and â(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner.â § 3553(a)(2).
The third factor pertains to âthe kinds of sentences available,â § 3553(a)(3); the fourth to the Sentencing Guidelines; the fifth to any relevant policy statement issued by the Sentencing Commission; the sixth to âthe need to avoid unwarranted sentence disparities,â § 3553(a)(6); and the seventh to âthe need to provide restitution to any victim,â § 3553(a)(7). Preceding this list is a general directive to âimpose a sentence sufficient, but not greater than necessary, to comply with the purposesâ of sentencing described in the second factor. § 3553(a) (2000 ed., Supp. V). The fact that § 3553(a) explicitly directs sentencing courts to consider the Guidelines supports the premise that district courts must begin their analysis with the Guidelines and remain cognizant of them throughout the sentencing process.
District judges sentence, on average, 117 defendants every year. Administrative Office of United States Courts, 2006 Federal Court Management Statistics 167. The District Judge in this case, Judge Pratt, has sentenced over 990 offenders over the course of his career. United States v. Likens, 464 F. 3d 823,827, n. 1 (CA8 2006) (Bright, J., dissenting). Only a relatively small fraction of these defendants appeal their sentence on reasonableness grounds. See Koon, 518 U. S., at 98 (âIn 1994, for example, 93.9% of Guidelines eases were not appealedâ); Likens,