Kimbrough v. United States — Scalia, J., concurring

Summary

Justice Scalia concurred in Kimbrough, joining the majority opinion while reiterating that United States v. Booker permits district courts to reject the Sentencing Guidelines based on § 3553(a) considerations. He argued that treating Guidelines as binding would violate the Sixth Amendment. A dissenting opinion by Justice Thomas argued for adherence to the mandatory Guidelines as written.