Pepper v. United States
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 Sonia Sotomayor on Mar 2, 2011.
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
Amicus Briefs
- 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)
Recommended Citation: Pepper v. United States, SCOTUSblog, https://www.scotusblog.com/cases/pepper-v-united-states/