Miller v. United States - Respones (Hold)

No. 06-1420

In the Supreme Court of the United States

LARRY K. MILLER, PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH 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. 06-1420

LARRY K. MILLER, PETITIONER

v.

UNITED STATES OF AMERICA

ON PETITION FOR A WRIT OF CERTIORARI
TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH 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, and Rita v. United States, No. 06-5754, to address various aspects of sentencing procedure under Booker. Because the proper disposition of the petition for a writ of certiorari may be affected by the Court's resolution of Claiborne and Rita, the petition should be held pending the deci sions in those cases, and then disposed of as appropriate in light of those decisions.1

Respectfully submitted.

PAUL D. CLEMENT
Solicitor General

MAY 2007

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