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The Pepper cert grant and post-sentencing rehabilitation as a sentencing factor

By Douglas A. Berman

As noted in this earlier post, this morning the Supreme Court granted cert in Pepper v. United States (docket here), which will call for a review of this Eighth Circuit opinion.  Though I have not yet tracked down the cert petition in Pepper, a helpful reader sent me the opposition to cert from the Solicitor General's office, and here are the questions presented appearing in this cert op (which can be downloaded below): 1. Whether, at petitioner?s resentencing following the government?s appeal, the district court was required to apply the same percentage departure from the Guidelines range for substantial assistance that had been applied at petitioner?s initial sentencing. 2. Whether post-sentencing rehabilitation is an impermissible basis for varying downward at resentencing from the advisory Guidelines range under 18 U...continue to full post

Full post as published by Sentencing Law and Policy on June 28, 2010 (boomark / email).