Dillon v. United States
- Case Date: 1/27/2010
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On June 17, 2010, the U.S. Supreme Court declined to invalidate a U.S. Sentencing Commission policy that effectively makes the U.S. Sentencing Guidelines mandatory during re-sentencing. Although the Supreme Court had previously held that the mandatory feature of the Guidelines was unconstitutional during sentencing, the Court declined to extend that principle to re-sentencing. The decision was a setback for WLF, which filed a brief in the U.S. Supreme Court urging it to give federal district court judges greater latitude during re-sentencing to impose a sentence that falls outside the Guideline range for a particular sentence. In its brief in Dillon v. United States, WLF argued that even though the Sentencing Guideline policies do not currently allow for it, Congress intended that judges afford criminal defendants individualized consideration during re-sentencing.
More Information and Downloads:
1/27/2010: Download Brief
Litigation Update: Supreme Court Holds That Federal Judges Are Bound By Sentencing Guidelines