Monday, December 6, 2010

Pepper v. United States !!!!

So this morning we got to go to a Supreme Court Case!!!!! The case was Pepper v. United States

      HUGE THANKS TO ALEX YOUNG'S DAD FOR GETTING US IN !!!!!!!!!!!!! 




What's the case about you ask? This! (from http://www.scotusblog.com/)



Issue: (1) Whether a federal district judge can consider a defendant’s post-sentencing rehabilitation as a permissible factor supporting a downward sentencing variance under 18 U.S.C. § 3553(a); (2) whether as a sentencing consideration under 18 U.S.C. § 3553(a), post-sentencing rehabilitation should be treated the same as post-offense rehabilitation; and (3) when a district court judge is removed from resentencing a defendant after remand, and a new judge is assigned, is the new judge obligated under the doctrine of the “law of the case” to follow sentencing findings issued by the original judge that had been previously affirmed on appeal.
Plain English Issue: May a court consider a defendant’s post-sentencing rehabilitation as a ground for reducing his sentence below the federal sentencing guideline range? When a sentence is vacated on appeal, and a new judge is assigned on remand, must the new judge follow the prior district judge’s sentencing findings? (Kagan, J., recused).

The case was really interesting but I think being able to see/hear the oral arguments was so amazing! The Justices are harsh, they completely grill the lawyers, which on the one hand is entertaining and on the other is like, "oooooooohhh party foul." 
We recently wrote a paper for US history on a Supreme Court Case of our choosing, and mine was United States v. Stevens, a recent case, so it was interesting to see all of the people who I've researched alot about. Elana Kagan, the newest Justice, recused herself though because she was involved with this case in the Dept. of Justice before she was a Supreme Court Justice. But we got to see Sotomayor and everybody else! :)
Being there was honestly just the coolest feeling ever. The room was amazing and just everything was so cool.
One thing that was really funny though is that Justice Clarence Thomas, known for not asking any questions ever, was pretty much asleep laying down on his basically reclining chair the whole time, occasionally blowing bubbles with his gum. He seemed pretty chill....

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