Supreme Court Review 2017/2018 TERM
THURSDAY, DECEMBER 14, 2017
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Issue:  18 U.S.C. ยง 924(c)

Dean v. United States

15-9260

QUESTION(S) PRESENTED

Whether the Supreme Court's decision in Pepper v. United States overruled United States v. Hatcher and related opinions from the U.S. Court of Appeals for the 8th Circuit to the extent that those opinions limit the district court's discretion to consider the mandatory consecutive sentence under 18 U.S.C. § 924(c) in determining the appropriate sentence for the felony serving as the basis for the Section 924(c) conviction.

DECISION

Decided April 3, 2017 HOLDING

Section 924(c) does not prevent a sentencing court from considering a mandatory minimum imposed under that provision when calculating an appropriate sentence for the predicate offense.

Agree image Justice Kagan
Agree Kagan
Agree image Justice Alito
Agree Alito
Agree image Justice Ginsburg
Agree Ginsburg
Agree image Justice Kennedy
Agree Kennedy
Author image Chief Justice Roberts
Author Roberts
Agree image Justice Thomas
Agree Thomas
Agree image Justice Breyer
Agree Breyer
Agree image Justice Sotomayor
Agree Sotomayor
Recused image Justice Gorsuch
Recused Gorsuch

ROBERTS, C. J., delivered the opinion for a unanimous Court.

Text of Opinion
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ORAL ARGUMENT

Argued February 28, 2017

Appearences
On Behalf of Petitioner Levon Dean, Jr.
Alan G. Stoler, Omaha, Neb. (Appointed by this Court.)
On Behalf of Respondent United States
Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Transcript
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Merit Briefs
Brief for Petitioner (pdf download)
Brief for Respondent (pdf download)
Amicus Curiae Briefs
Brief for the National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums in Support of Petitioner (pdf download)

CERTIORARI STAGE

Granted October 28, 2016

Certiorari Stage Documents
      Petition for Certiorari (pdf download)
Brief in Opposition (pdf download)
Petitioner's Reply (pdf download)

PROCEEDING BELOW

United States Court of Appeals for the Eighth Circuit
Decided December 29, 2015
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