Nelson v. United States (2008)
- Docket
- 08-5657
- Decided
- 2008-01-01
Summary
Question: Did the U.S. Court of Appeals for the Fourth Circuit err in rejecting the petitioner's argument that the district court impermissibly applied a presumption of reasonableness to the United States Sentencing Guidelines at his sentencing? Conclusion: Yes. In a per curiam opinion, the Supreme Court reversed the U.S. Court of Appeals for the Fourth Circuit. The Court held that the Fourth Circuit erred in rejecting the petitioner's argument and reaffirmed its position in Rita that a sentencing court cannot presume that the United States Sentencing Guidelines are reasonable. Rather, that presumption is a prerogative of an appellate court. Mr. Nelson's case was remanded for proceedings consistent with the opinion.