The U.S. Supreme Court this morning agreed to review another case sifting through the debris of the United States Sentencing Guidelines following its 2005 decision in United States v. Booker, 543 U.S. 220. The new case is Dillon v. United States, No. 09-6338. The Third Circuit's decision was originally unpublished but then published on the motion of the government. The lead paragraph follows the jump.
Percy Dillon appeals the District Court's partial denial of his motion to reduce his sentence pursuant to 18 U.S.C. § 3582(c)(2). In 2008, the United States Sentencing Commission amended the United States Sentencing Guidelines ("Guidelines"), retroactively reducing the base offense level for crack cocaine offenses. The District Court subsequently entered an order reducing Dillon's sentence by two-levels, but held that it lacked authority to reduce Dillon's sentence further. Dillon argues that the District Court erred in failing to recognize that United States v. Booker, 543 U.S. 220 (2005) gave it such authority. For the reasons that follow, we will affirm.Lyle Denniston at SCOTUSblog has this post, noting, "Review was granted even though the Court had previously refused to hear the same issue in a number of cases. The U.S. Solicitor General recommended a denial in this case, too." Doug Berman at SL&P is "surprised and pleased" that SCOTUS took up the case. AP has this story.