Dillon v. United States — Stevens, J., dissenting

Summary

Justice Stevens dissents, arguing that United States v. Booker’s remedial holding rendering the Sentencing Guidelines advisory should apply to sentence modification proceedings under 18 U.S.C. § 3582(c)(2). He contends the Court’s decision to treat the Commission’s policy statements as mandatory limits the judicial discretion Booker granted and presses the bounds of the Commission’s authority under separation of powers principles.