Legal Opinion · Dissent

Setser v. United States

Supreme Court of the United States

Decided March 28, 2012No. 10-7387Published

1DissentJustice Breyer

The Sentencing Reform Act of 1984 seeks to reform federal sentencing practices by creating a Federal Sentencing Commission instructed to develop and to promulgate Federal Sentencing Guidelines. The provision of the Act here at issue concerns “ Multiple sentences.” See 18 U. S. C. § 8584. It brings into focus a difficult Guidelines-related problem: How should a federal judge sentence an offender where the offender has been convicted of having violated several different statutes? The convictions may have taken place all at the same time. Or, some convictions might have taken place at an earlier…

2Cases cited7 opinions

  1. Mistretta v. United StatesSupreme Court of the United States · 1989
  2. Barber v. ThomasSupreme Court of the United States · 2010
  3. Robert Salley v. United StatesCourt of Appeals for the Second Circuit · 1986
  4. United States v. Gerald Lee EastmanCourt of Appeals for the Ninth Circuit · 1985
  5. Rudolph James Anderson v. United StatesCourt of Appeals for the Tenth Circuit · 1969

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