United States Supreme Court Cases & Opinions

DERRICK KIMBROUGH, PETITIONER v. UNITED STATES

on writ of certiorari to the united states court of appeals for the fourth circuit

[December 10, 2007]

   Justice Alito, dissenting.

   For the reasons explained in my dissent in Gall v. United States, ante, p. ___, I would hold that, under the remedial decision in United States v. Booker, 543 U. S. 220, 258–265 (2005), a district judge is still required to give significant weight to the policy decisions embodied in the Guidelines. The Booker remedial decision, however, does not permit a court of appeals to treat the Guidelines’ policy decisions as binding. I would not draw a distinction between the Guideline at issue here and other Guidelines. Accordingly, I would vacate the decision of the Court of Appeals and remand for reconsideration.