Dillon v. US

Decision Date30 March 2010
Docket NumberNo. 09-6338.,09-6338.
Citation130 S.Ct. 2683,177 L. Ed. 2d 271
PartiesPercy DILLON, Petitioner, v. UNITED STATES.
CourtU.S. Supreme Court

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Lisa B. Freeland, Pittsburgh, PA, for Petitioner.

Leondra R. Kruger, Washington, DC, for Respondent.

Lisa B. Freeland, Federal Public Defender, Renee D. Pietropaolo, Assistant Federal, Public Defender, Michael J. Novara, First Assistant Federal Public Defender, Peter R. Moyers, Pittsburgh, PA, for Petitioner.

Elena Kagan, Solicitor General, Lanny A. Breuer, Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Leondra R. Kruger, Assistant to the Solicitor General, Deborah Watson, Attorney Department of Justice, Washington, DC, for Respondent.

Justice SOTOMAYORdelivered the opinion of the Court.

A federal court generally "may not modify a term of imprisonment once it has been imposed."18 U.S.C.

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    ...effective November 1, 2011, gives retroactive effect to the Guidelines Amendments. See § 1B1.10(c). In Dillon v. United States, --U.S.--, 130 S. Ct. 2683, 177 L. Ed. 2d 271 (2010), the United States Supreme Court identified a two step-inquiry for courts to follow in adjudicating a motion fo......
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    ...and this policy statement to a term that is less than the minimum of the amended guideline range." In Dillon v. United StatesStates,––– U.S.––––, ––––, 130 S. Ct. 2683, 2690-94 (2010), the Supreme Court held this policy statement to be mandatory and binding on sentencing courts. With the Go......
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    ...of imprisonment constitutes a final judgment that may not be modified except in limited circumstances. Dillon v. United States, ––– U.S. ––––, 130 S.Ct. 2683, 2690, 177 L.Ed.2d 271 (2010). Section 3582(c)(2) creates “an exception to the general rule of finality in the case of a defendant wh......
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    ...discretion, informed by judicial factfinding, does not violate the Sixth Amendment. See, e.g., Dillon v. United States, 560 U.S. [817, 828–829, 130 S.Ct. 2683, 177 L.Ed.2d 271 (2010) ] (“ [W]ithin establishedlimits[,] ... the exercise of [sentencing] discretion does not contravene the Sixth......
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