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No. 09-935

 

In the Supreme Court of the United States

WILLIAM SHORTER, JR., PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

ELENA KAGAN
Solicitor General
Counsel of Record
Department of Justice
Washington, D.C. 20530-0001
SupremeCtBriefs@usdoj.gov
(202) 514-2217

In the Supreme Court of the United States

 

No. 09-935

WILLIAM SHORTER, JR., PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

MEMORANDUM FOR THE UNITED STATES

 

Petitioner contends (Pet. 4-22) that the remedial holding of United States v. Booker, 543 U.S. 220 (2005), under which the Sentencing Guidelines are advisory, applies to proceedings on his motion for modification of his sentence under 18 U.S.C. 3582(c) in light of the Sen tencing Commission's policy statement making Amend ment 706 to the Guidelines retroactive. On December 7, 2009, this Court granted certiorari in Dillon v. United States, No. 09-6338, to address whether the federal sen tencing guidelines are binding when a district court im poses a new sentence pursuant to a revised guidelines range under Section 3582(c). Accordingly, the petition for a writ of certiorari should be held pending the

Court's resolution of Dillon, and then disposed of as appropriate in light of the decision in that case.1

Respectfully submitted.

 

 

 

ELENA KAGAN

Solicitor General

 

 

FEBRUARY 2010

 

1 The government waives any further response to the petition unless this Court requests otherwise.