|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-6822||8th Cir.||Dec 6, 2010||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.
The Supreme Court got rid of several cases this morning -- in one fell swoop. Read @AHoweBlogger's latest coverage of the emoluments cases, spiritual advisers at Texas executions, Texas abortion policies, COVID restrictions, and NY political corruption.
In this morning's orders list, SCOTUS took no action on pending cert petitions involving:
- Mississippi's near-ban on abortions after 15 weeks,
- a Trump rule banning Title X clinics from providing abortion referrals,
- the Trump administration's "public charge" immigration rule.
No real opinions today. The Supreme Court dismissed cert as "improvidently granted" in Henry Schein Inc. v. Archer and White Sales Inc.—a case about arbitration agreements.
That's all for today, folks.
The Supreme Court does not add any cases to its docket. It sends the Trump emoluments case back to the lower court with instructions to dismiss as moot.
Here is the orders list. https://www.supremecourt.gov/orders/courtorders/012521zor_3f14.pdf
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.