Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, March 29. We will begin live-blogging at this link at 9:45 a.m.
On Wednesday the court hears oral argument in Turner v. United States. Amy Howe has our preview.
On Wednesday the court also hears oral argument in Honeycutt v. United States. Rory Little 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
 
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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)

Plain English Summary:

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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