Rader v. United States - Response (Hold)

No. 07-287

In the Supreme Court of the United States

MARK RADER, 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. 07-287

MARK RADER, 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 within-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. Petitioner challenges the requirement that is before the Court in Gall: that a sen tence constituting an extraordinary variance from the Guidelines be supported by a substantial justification. Although that principle is not directly implicated in this case, the decision in Gall is likely to clarify the extent of a district court's sentencing discretion under Booker and therefore may shed light on the proper disposition of petitioner's claim. Accordingly, the Court may wish to hold the petition for a writ of certiorari pending its deci sion in Gall, and then dispose of the petition as appropri ate in light of the decision in that case.1

Respectfully submitted.

PAUL D. CLEMENT
Solicitor General

SEPTEMBER 2007