Editor's Note :

Editor's Note :

The court will issue orders from its January 13 conference on Tuesday, January 17, at 9:30 a.m. There is a possibility of opinions on Wednesday, January 18, at 10:00 a.m.
On Tuesday the court hears oral argument in Lynch v. Dimaya. Kevin Johnson has our preview.
On Tuesday the court also hears oral argument in Midland Funding, LLC v. Johnson. Ronald Mann has our preview.

Pepper v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
09-6822 8th Cir. Dec 6, 2010
Tr.Aud.
Mar 2, 2011 6-2 Sotomayor OT 2010

Holding: When a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentences and that evidence may in appropriate cases, support a downward variance from the sentencing guidelines. (Kagan, J., recused).

Plain English Holding: When a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentences, and that evidence may in appropriate cases support a downward variance from the sentencing guidelines. (Kagan, J., recused)

Judgment: The Court vacates in part, affirms in part, and remands the case to the 8th Circuit., 6-2, in an opinion by Justice Sotomayor on March 2, 2011.

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