Livesay v. United States - Response (Hold)

No. 07-294

In the Supreme Court of the United States

KENNETH LIVESAY, PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH 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. 07-294

KENNETH LIVESAY, PETITIONER

v.

UNITED STATES OF AMERICA

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

MEMORANDUM FOR THE UNITED STATES

OPINIONS BELOW

Petitioner contends that the standards applied by the court of appeals in reviewing his below-Guidelines sen tence for unreasonableness are inconsistent with United States v. Booker, 543 U.S. 220 (2005). On June 11, 2007, this Court granted certiorari in Gall v. United States, No. 06-7949, to address the standards to be applied in reviewing a sentence outside the Guidelines for unrea sonableness under Booker. Accordingly, the petition for a writ of certiorari should be held pending the Court's resolution of Gall, and then disposed of as appropriate in light of the decision in that case.1

PAUL D. CLEMENT
Solicitor General

SEPTEMBER 2007

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