Shorter v. United States - Response (Hold)
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.