Pepper v. United States

Holding: When a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentences and that evidence may in appropriate cases, support a downward variance from the sentencing guidelines. (Kagan, J., recused).

Plain English Holding: When a defendant's sentence has been set aside on appeal, a district court at re-sentencing may consider evidence of the defendant's rehabilitation after the initial sentences, and that evidence may in appropriate cases support a downward variance from the sentencing guidelines. (Kagan, J., recused)

Judgment: The Court vacates in part, affirms in part, and remands the case to the 8th Circuit., 6-2, in an opinion by Justice Sotomayor on March 2, 2011.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Jason Pepper
• Brief for Respondent United States of America
• Reply Brief for Petitioner Jason Pepper
• Reply Brief for Respondent United States of America

Amicus Briefs

• Brief for Families Against Mandatory Minimums in Support of Petitioner
• Brief for National Association of Criminal Defense Lawyers in Support of Petitioner
• Brief for Federal Public and Community Defenders and the National Association of Federal Defenders in Support of Petitioner
• Brief Amicus Curiae of the Judgment Below in Support

Certiorari-Stage Documents

• Opinion below (8th Circuit)
• Petition for certiorari
• Brief in opposition (unavailable)