Jason Pepper v. United States — Alito, J., Concurring in Part and Dissenting in Part

Summary

Justice Alito concurs in part and dissents in part. He agrees that the Court of Appeals relied on invalid statutory provisions and that sentencing courts must consider post-sentencing rehabilitation, though he would require greater weight for Guidelines policy statements. He warns the Court’s approach risks return to pre-guidelines sentencing disparity, while noting Justice Breyer’s concurrence and Justice Thomas’s dissent.