Pepper v. United States

Pepper v. United States
Supreme Court of the United States
Argued December 6, 2010 Decided March 2, 2011
Full case name	Jason Pepper v. United States
Citations	562 U.S. 476 (more) 131 S. Ct. 1229; 179 L. Ed. 2d 196; 2011 U.S. LEXIS 1902
Argument	Oral argument
Case history
Prior	Defendant sentenced, unreported (N.D. Iowa); remanded for resentencing in light of United States v. Booker, 412 F.3d 995 (Pepper I; 8th Cir., 2005); new sentence vacated and remanded, 486 F.3d 408 (Pepper II; 8th Cir., 2007); vacated and remanded in light of Gall v. United States, 552 U.S. 1089 (2008); Pepper II remand confirmed, 518 F.3d 949 (Pepper III, 8th. Cir., 2008); third resentencing affirmed, 570 F.3d 958 (Pepper IV, 8th. Cir., 2009); certiorari granted, 561 U.S. 1024
Holding
Original District Court decisions relating to sentencing the defendant were compatible with federal sentencing guidelines, as judges may consider a defendant's rehabilitation during the resentencing process. Eighth Circuit partially reversed, partially affirmed, and remanded in part.
Court membership
Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy Clarence Thomas · Ruth Bader Ginsburg Stephen Breyer · Samuel Alito Sonia Sotomayor · Elena Kagan
Case opinions
Majority	Sotomayor, joined by Roberts, Scalia, Kennedy, Ginsburg; Breyer, Alito (Part III)
Concurrence	Breyer (in part)
Concur/dissent	Alito
Dissent	Thomas
Kagan took no part in the consideration or decision of the case.
Laws applied
18 U.S.C. § 3553

Pepper v. United States, 562 U.S. 476 (2011), is a decision by the Supreme Court of the United States concerning whether a United States District Court properly handled the sentencing of a former methamphetamine dealer. He was originally sentenced to 24 months in prison, far shorter than what federal guidelines generally specify for crimes of that nature. Prosecutors appealed the case to the United States Court of Appeals for the Eighth Circuit, which remanded the case back to the United States District Court for the Northern District of Iowa, which affirmed the original sentence after testimony relating the defendant's rehabilitation. The case was appealed to the Eighth Circuit again, and was again remanded. A different District Court judge gave him a 65-month sentence. The defendant then brought the case back to the Eighth Circuit, which confirmed the later ruling, and to then to the Supreme Court. Sonia Sotomayor wrote the opinion of the court, which ruled in favor of the defendant.^[1]

See also[]

• List of United States Supreme Court cases, volume 562

References[]

External links[]

• Text of Pepper v. United States, 562 U.S. 476 (2011) is available from: CourtListener  Findlaw  Google Scholar  Justia  Oyez (oral argument audio)  Supreme Court (slip opinion) 

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