Supreme Court of the United States
Jason Pepper v. United States — Thomas, J., Dissenting
March 2, 2011179 L. Ed. 2d 196
Summary
Justice Thomas dissents, arguing that the Federal Sentencing Guidelines prohibit downward departures based on postsentencing rehabilitation, and thus Pepper's 65-month sentence should be affirmed. He would apply the Guidelines as written under 18 U.S.C. § 3553(b)(1) and USSG § 5K2.19, as there is no Sixth Amendment violation. He notes that postsentencing rehabilitation can be relevant but is constrained by Commission rules. Separate opinions by Justice Breyer and Justice Alito concur in part or dissent in part.