18 U.S.C. § 3742 – Review of a Sentence
The primary federal statute governing when and how a sentence can be appealed.
What § 3742 does.
Section 3742 lays out the limited circumstances under which a federal sentence may be appealed—by either the defendant or the government—after the sentence becomes final.
This statute does not create an automatic right to appeal a sentence. It strictly defines when appellate review is available and what the appellate court may do.
Appeals by a defendant.
A defendant may seek appellate review if the sentence:
- Was imposed in violation of law
- Resulted from an incorrect application of the Sentencing Guidelines
- Exceeds the applicable guideline range (including harsher probation or supervised release conditions)
- Is plainly unreasonable where no guideline applies
Appeals by the government.
The government may appeal if the sentence:
- Was imposed in violation of law
- Was based on an incorrect guideline application
- Falls below the applicable guideline range
- Is plainly unreasonable for an offense without a guideline
Any government appeal requires personal approval from the Attorney General, Solicitor General, or a designated deputy.
Impact of plea agreements.
When a plea agreement includes a specific sentence under Rule 11(c)(1)(C), § 3742 sharply limits appeal rights. Neither side may appeal guideline-based reasonableness unless the imposed sentence deviates from the agreed term.
How appellate courts review sentences.
On appeal, the court evaluates whether the sentence:
- Violates the law
- Misapplies the guidelines
- Unreasonably departs from the guideline range
- Lacks required findings or justification
Factual findings receive deference. Legal and guideline interpretation issues may be reviewed de novo.
Possible outcomes.
The appellate court may:
- Affirm the sentence
- Vacate and remand for resentencing
- Issue binding instructions limiting what the district court may change on remand
Why § 3742 matters.
This statute controls the battlefield for federal sentencing appeals. Many appeals fail not on the merits, but because § 3742 does not authorize review in the first place.
If sentencing exposure or appellate strategy is in play, timing and issue selection matter immediately. Call (314) 900-HELP or contact our federal criminal defense attorneys to evaluate whether a sentence can be challenged—and how far an appeal can realistically go.
