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Decided

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.

Proceedings & orders timeline

Sep 1, 2009
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2009)
Sep 15, 2009
Waiver of right of respondent United States to respond filed.
Sep 24, 2009
DISTRIBUTED for Conference of October 9, 2009.
Sep 30, 2009
Response Requested . (Due October 30, 2009)
Oct 19, 2009
Order extending time to file response to petition to and including November 30, 2009.
Oct 30, 2009
Brief of respondent United States in opposition filed.
Nov 10, 2009
DISTRIBUTED for Conference of November 24, 2009.
Nov 30, 2009
DISTRIBUTED for Conference of December 4, 2009.
Dec 7, 2009
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 4, 2010
SET FOR ARGUMENT ON Tuesday, March 30, 2010.
Jan 19, 2010
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including January 22, 2010.
Jan 21, 2010
The time within which to file the joint appendix and petitioner's brief on the merits is further extended to and including January 25, 2010.
Jan 25, 2010
Brief of petitioner Percy Dillon filed.
Jan 25, 2010
Motion for leave to file Volume II of the joint appendix under seal filed by petitioner Percy Dillon.
Jan 25, 2010
Joint appendix filed. (Statement of costs filed)
Jan 27, 2010
Brief amicus curiae of Washington Legal Foundation filed.
Feb 1, 2010
Brief amici curiae of Federal Public and Community Defenders, et al. filed.
Feb 3, 2010
Motion DISTRIBUTED for Conference of February 19, 2010.
Feb 12, 2010
CIRCULATED.
Feb 16, 2010
Motion DISTRIBUTED for Conference of February 26, 2010.
Feb 17, 2010
Record received from U.S.C.A. for 3rd Circuit. (1 envelope)
Feb 24, 2010
Brief of respondent United States filed. (Distributed)
Mar 1, 2010
Motion for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 2, 2010
Record received from U.S.D.C. for Western District of Pennsylvania. (1 box) There are sealed documents in this record.
Mar 3, 2010
Brief amicus curiae of United States Sentencing Commission filed. (Distributed)
Mar 17, 2010
Reply of petitioner Percy Dillon filed. (Distributed)
Mar 29, 2010
Justice Alito is recused in this case.
Mar 30, 2010
Argued. For petitioner: Lisa B. Freeland, Federal Public Defender, Pittsburgh, Pa. For respondent: Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 17, 2010
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Ginsburg, and Breyer, JJ., joined. Stevens, J., filed a dissenting opinion. Alito, J., took no part in the decision of the case.
Jul 19, 2010
JUDGMENT ISSUED.
Aug 2, 2010
Record returned to U.S.C.A. for 3rd Circuit.
Aug 2, 2010
Record returned to U.S.D.C. for Western District of Pennsylvania.

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