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KIMBROUGH v. U.S.

No. 06-6330.

128 S.Ct. 558 (2007)

552 U.S. 85

169 L.Ed.2d 481

Derrick KIMBROUGH, Petitioner, v. UNITED STATES.

Supreme Court of United States.

Decided December 10, 2007.

Attorney(s) appearing for the Case

Michael S. Nachmanoff , Alexandria, VA, for petitioner.

Michael R. Dreeben , Washington, D.C., for respondent.

Frances H. Pratt , Appellate Attorney, Counsel of Record, Michael S. Nachmanoff , Federal Public Defender for the Eastern District of Virginia, Geremy C. Kamens , Kenneth P. Troccoli , Ass't Federal Public Defenders Office of The Federal Public Defender, Alexandria, VA, for Petitioner.

Paul D. Clement , Solicitor General, Counsel of Record, Alice S. Fisher , Assistant Attorney General, Michael R. Dreeben , Deputy Solicitor General, Kannon K. Shanmugam , Assistant to the Solicitor General, Nina Goodman , Jeffrey P. Singdahlsen , Department of Justice, Washington, D.C., for respondents.

Justice GINSBURG delivered the opinion of the Court.

This Court's remedial opinion in United States v. Booker, 543 U.S. 220, 244, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), instructed district courts to read the United States Sentencing Guidelines as "effectively advisory," id., at 245, 125 S.Ct. 738. In accord with 18 U.S.C. § 3553(a), the Guidelines, formerly mandatory, now serve as one factor among several courts must...

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