Pepper v. United States
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 09-6822 |
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.
SCOTUSblog Coverage
- Last week's opinions in Plain English
- Argument recap: Justices struggle with rules for resentencing after Booker
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- Academic round-up
- Private lawyer to argue sentencing
Briefs and Documents
Merits Briefs
- Brief for Petitioner Jason Pepper
- Brief for Respondent United States of America
- Reply Brief for Petitioner Jason Pepper
- Reply Brief for Respondent United States of America
- Brief for Families Against Mandatory Minimums in Support of Petitioner
- Brief for National Association of Criminal Defense Lawyers in Support of Petitioner
- Brief for Federal Public and Community Defenders and the National Association of Federal Defenders in Support of Petitioner
- Brief Amicus Curiae of the Judgment Below in Support
Certiorari-Stage Documents
- Opinion below (8th Circuit)
- Petition for certiorari
- Brief in opposition (unavailable)
