Gale v. United States - Response (Hold)

No. 06-1157

In the Supreme Court of the United States

ALGIS J. GALE, PETITIONER

v.

UNITED STATES OF AMERICA

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

MEMORANDUM FOR THE UNITED STATES

PAUL D. CLEMENT
Solicitor General
Counsel of Record
Department of Justice
Washington, D.C. 20530-0001
(202) 514-2217

In the Supreme Court of the United States

No. 06-1157

ALGIS J. GALE, PETITIONER

v.

UNITED STATES OF AMERICA

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

MEMORANDUM FOR THE UNITED STATES

Petitioner contends that the procedures applied in the determination of his sentence are not in accordance with United States v. Booker, 543 U.S. 220 (2005). On November 3, 2006, this Court granted certiorari in Claiborne v. United States, No. 06-5618 (argued Feb. 20, 2007), and Rita v. United States, No. 06-5754 (argued Feb. 20, 2007), to address various aspects of sentencing procedure under Booker. Because the proper disposi tion of the petition for a writ of certiorari may be af fected by the Court's resolution of Claiborne and Rita, the petition should be held pending the decisions in those cases, and then disposed of as appropriate in light of those decisions.1

Respectfully submitted.

PAUL D. CLEMENT
Solicitor General

MARCH 2007

1 The government waives any further response to the petition for a writ of certiorari unless this Court requests otherwise.