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Dillon v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
09-6338 3d Cir. Mar 30, 2010
Tr.
Jun 17, 2010 7-1 Sotomayor OT 2009

Holding: In certain circumstances, a defendant can ask to be resentenced if the federal Sentencing Guidelines are changed in his favor. The Court held that when this happens, the new Guidelines are binding on the district court at resentencing, even though the court could treat them as merely advisory if it was sentencing the defendant for the first time.

Judgment: Affirmed, 7-1, in an opinion by Justice Sonia Sotomayor on June 17, 2010. Justice Stevens dissented, and Justice Alito took no part in consideration of the case.

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