Case Status

RITA, VICTOR A. v. UNITED STATES (66363)

    Order dated: 11/03/06
    Docket number: 06-5754
    Action:
         pauperis and the petition for a writ of certiorari are granted limited to the following Questions: 1) Was the district court's choice of within-Guidelines sentence reasonable? 2) In making that determination, is it consistent with United States v. Booker, 543 U.S. 220 (2005), to accord a presumption of reasonableness to within-Guidelines sentences? 3) If so, can that presumption justify a sentence imposed without an explicit analysis by the district court of the 18 U.S.C. §3553(a) factors and any other factors that might justify a lesser sentence?

An opinion has been handed down:

• Concurrence (Stevens)
• Concurrence (Scalia)
• Dissent (Souter)
• Opinion (Breyer)
• Syllabus