Conflicting views over the judge's downward departure from the guideline range illustrate the difficulty of applying the guidelines to offender characteristics and the specifics of the offense.

The court made it clear in the Washington State case last June that the top of an ordinary guideline range was the equivalent of a statutory maximum.

"Whether the sentence is 5 years or 10 years in length, it doesn't change the guideline range," said Michael Stover, the commission's general counsel.

The 78 month sentence, again, was less than the guideline range which was approximately double that number.

Departures upward or downward from the guideline range are appropriate for cases that deviate from the heartland of cases.

For example, the guideline range applicable to a defendant with an Offense Level of 15 and a Criminal History Category of III is 24-30 months of imprisonment.

P. 35(b)), then a reduction comparably less than the amended guideline range may be appropriate.

This case concerns the zone between the top of the guideline range and the statutory maximum.

There's no appeal, and if he gets sentenced within the guideline range, everybody goes home.

According to the text of the statute, the "power to review a sentence for reasonableness arises only when the sentencing court has departed from the applicable guideline range."