Decided
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)
Related Coverage
Sep 29, 2009Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2009)
Oct 8, 2009Waiver of right of respondent United States to respond filed.
Oct 15, 2009DISTRIBUTED for Conference of October 30, 2009.
Oct 23, 2009Response Requested . (Due November 23, 2009)
Nov 19, 2009Order extending time to file response to petition to and including December 23, 2009.
Dec 18, 2009Order further extending time to file response to petition to and including January 22, 2010.
Jan 19, 2010Order further extending time to file response to petition to and including February 22, 2010.
Feb 19, 2010Brief of respondent United States filed.
Mar 4, 2010DISTRIBUTED for Conference of March 19, 2010.
Jun 17, 2010DISTRIBUTED for Conference of June 17, 2010.
Jun 21, 2010DISTRIBUTED for Conference of June 24, 2010.
Jun 28, 2010Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jul 12, 2010Motion to appoint counsel filed by petitioner Jason Pepper. (CL Page 163)
Jul 14, 2010The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2010.
Jul 22, 2010Adam G. Ciongoli, Esquire, of New York, New York, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jul 28, 2010Motion DISTRIBUTED for Conference of September 27, 2010.
Aug 4, 2010Motion for leave to file volume II of the joint appendix under seal filed by petitioner Jason Pepper. (CL Page 163)
Aug 17, 2010The time within which to file the joint appendix and petitioner's brief on the merits is further extended to and including August 31, 2010.
Aug 18, 2010Motion DISTRIBUTED for Conference of September 27, 2010.
Aug 31, 2010Brief of respondent United States in support of petitioner filed.
Aug 31, 2010Joint appendix filed. (Statement of costs filed) ( Jt. appendix in two volumes) (Vol.2 UNDER SEAL)
Aug 31, 2010Brief of petitioner Jason Pepper filed.
Sep 7, 2010SET FOR ARGUMENT ON Monday, December 6, 2010.
Sep 7, 2010Justice Kagan is recused in this case.
Sep 7, 2010Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 7, 2010Brief amicus curiae of Families Against Mandatory Minimums filed.
Sep 7, 2010Brief amici curiae of Federal Public and Community Defenders, et al. filed.
Sep 7, 2010Amendment to Request for Appointment of Counsel filed by petitioner.(Distributed)
Sep 14, 2010CIRCULATED.
Sep 17, 2010The time within which to file the brief of amicus curiae in support of the judgment below is extended to and including October 8, 2010.
Sep 24, 2010Record received from U.S.C.A. for 8th Circuit. (1 envelope)
Sep 28, 2010Record received from U.S.D.C for Northern District of Iowa. (1 envelope)
Oct 4, 2010Motion to appoint counsel filed by petitioner GRANTED. Alfredo Parrish, Esquire, of Des Moines, Iowa, is appointed to serve as counsel for the petitioner in this case. Justice Kagan took no part in the consideration or decision of this motion.
Oct 4, 2010Motion for leave to file volume II of the joint appendix under seal GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 8, 2010Brief of Court appointed amicus curiae in support of the judgment below filed. (Distributed)
Oct 15, 2010Motion for divided argument filed by respondent United States.
Nov 8, 2010Reply of respondent United States in support of petitioner filed. (Distributed)
Nov 8, 2010Reply of petitioner Jason Pepper filed. (Distributed)
Nov 15, 2010Motion for divided argument filed by respondent GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Dec 6, 2010Argued. For petitioner: Alfredo Parrish, Des Moines, Iowa (Appointed by this Court.) For respondent: Roy W. McLeese, Acting Deputy Solicitor General, Department of Justice, Washington, D. C. For amicus curiae in support of the judgment below: Adam G. Ciongoli, New York, N. Y. (Appointed by this Court.)
Mar 2, 2011Adjudged to be VACATED IN PART, AFFIRMED IN PART and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Ginsburg, JJ., joined, and in which Breyer and Alito, JJ., joined as to Part III. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in part, concurring in the judment in part, and dissenting in part. Thomas, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.
Apr 4, 2011JUDGMENT ISSUED.
Apr 8, 2011Record returned to U.S.C.A. for 8th Circuit.
Apr 8, 2011Record returned to U.S.D.C. for Northern District of Iowa.
Recommended Citation: Pepper v. United States, SCOTUSblog, https://www.scotusblog.com/cases/pepper-v-united-states/