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Dillon v. United States

Docket No.09-6338
Op. Below3d Circuit
ArgumentMar 30, 2010

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 Sonia Sotomayor on Jun 17, 2010. Justice Stevens dissented, and Justice Alito took no part in consideration of the case.

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