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Dillon v. United States - Oral Argument

 
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Manage episode 161302725 series 1263885
Content provided by The Oyez Project at Chicago-Kent. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Oyez Project at Chicago-Kent or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
A Pennsylvania federal district court convicted Percy Dillon for conspiracy to distribute more than 500 grams of cocaine and more than 50 grams of cocaine base, use of a firearm during a drug trafficking crime, and possession with intent to distribute more than 500 grams of cocaine. Subsequently, the Sentencing Commission amended the Sentencing Guidelines to retroactively reduce the base offense level for crack cocaine offenses. Mr. Dillon then moved to have his sentence reduced in accordance with the new guidelines. The district court reduced Mr. Dillon's sentence by two levels, but held that it lacked the authority to reduce his sentence further. On appeal, Mr. Dillon argued that in light of United States v. Booker the district court had the authority to further reduce his sentence. Moreover, he argued that the district court erred in calculating his criminal history score when determining his sentencing. The U.S. Court of Appeals for the Third Circuit affirmed the district court, holding that Booker did not allow a district court, when reducing a previously imposed sentence, to treat the amended guidelines' range as advisory. Moreover, the court rejected Mr. Dillon's argument that the district court erred in calculating his criminal history score, reasoning that the district court had no authority to reconsider its prior criminal history determination.
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74 episodes

Artwork
iconShare
 

Archived series ("HTTP Redirect" status)

Replaced by: www.oyez.org

When? This feed was archived on December 08, 2016 14:34 (7+ y ago). Last successful fetch was on December 02, 2016 15:42 (7+ y ago)

Why? HTTP Redirect status. The feed permanently redirected to another series.

What now? If you were subscribed to this series when it was replaced, you will now be subscribed to the replacement series. This series will no longer be checked for updates. If you believe this to be in error, please check if the publisher's feed link below is valid and contact support to request the feed be restored or if you have any other concerns about this.

Manage episode 161302725 series 1263885
Content provided by The Oyez Project at Chicago-Kent. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by The Oyez Project at Chicago-Kent or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
A Pennsylvania federal district court convicted Percy Dillon for conspiracy to distribute more than 500 grams of cocaine and more than 50 grams of cocaine base, use of a firearm during a drug trafficking crime, and possession with intent to distribute more than 500 grams of cocaine. Subsequently, the Sentencing Commission amended the Sentencing Guidelines to retroactively reduce the base offense level for crack cocaine offenses. Mr. Dillon then moved to have his sentence reduced in accordance with the new guidelines. The district court reduced Mr. Dillon's sentence by two levels, but held that it lacked the authority to reduce his sentence further. On appeal, Mr. Dillon argued that in light of United States v. Booker the district court had the authority to further reduce his sentence. Moreover, he argued that the district court erred in calculating his criminal history score when determining his sentencing. The U.S. Court of Appeals for the Third Circuit affirmed the district court, holding that Booker did not allow a district court, when reducing a previously imposed sentence, to treat the amended guidelines' range as advisory. Moreover, the court rejected Mr. Dillon's argument that the district court erred in calculating his criminal history score, reasoning that the district court had no authority to reconsider its prior criminal history determination.
  continue reading

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