Supreme Court of the United States
Jason Pepper v. United States — Breyer, J., Concurring
March 2, 2011179 L. Ed. 2d 196
Summary
Justice Breyer, concurring in part and concurring in the judgment, agrees that 18 U.S.C. § 3742(g)(2) is unconstitutional and that district courts may consider post-sentencing rehabilitation despite USSG § 5K2.19. He argues that under Booker, Guidelines are advisory and departures are permissible when reasonable. Thomas dissenting would uphold the mandatory Guidelines; Alito concurring in part and dissenting in part agrees the policy statement isn't binding but cautions against discretionary sentencing.