United States v. Gardellini

Opinion for the Court filed by Circuit Judge KAVANAUGH, in which Circuit Judge BROWN joins.

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. The District Court imposed probation and a…