Dillon v. United States

Holding: In certain circumstances, a defendant can ask to be resentenced if the federal Sentencing Guidelines are changed in his favor. The Court held that when this happens, the new Guidelines are binding on the district court at resentencing, even though the court could treat them as merely advisory if it was sentencing the defendant for the first time.

Judgment: Affirmed, 7-1, in an opinion by Justice Sonia Sotomayor on June 17, 2010. Justice Stevens dissented, and Justice Alito took no part in consideration of the case.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Percy Dillon
• Brief for Respondent United States
• Reply Brief for the Petitioner Percy Dillon

Amicus Briefs

• Brief for the Washington Legal Foundation in Support of Petitioner
• Brief for the Federal Public and Community Defenders and the National Association of Federal Defenders in Support of Petitioner
• Brief for the United States Sentencing Commission in Support of Respondent

Certiorari-stage Documents

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition