In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.
Issue: Whether, when considering how much to reduce a defendant’s sentence for substantial assistance pursuant to Federal Rule of Criminal Procedure 35(b), a court (i) cannot consider the sentencing factors set forth in 18 U.S.C. § 3553(a), as held by the Sixth Circuit; (ii) may consider those factors only to the extent that they yield a smaller sentence reduction than the defendant’s assistance alone would warrant, as held by the Seventh, Eighth, Tenth, and Eleventh Circuits; or (iii) may consider those factors to grant either a smaller or a larger sentence reduction, as held by the Fourth and Ninth Circuits.