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No. 096338
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2008, see USSG Supp. App. C, Amdt. 712 (Nov. 2009) (effective Mar. 3,
2008), roughly three months before the District Courts decision in this
case. Because the current version of the relevant Guidelines provisions
is not meaningfully different from the version in effect at the time of
the District Courts decision, references in this opinion are to the
current, 2009 edition of the Guidelines.
2 Section 3553(a) provides that a court shall impose a sentence suffi
cient, but not greater than necessary, to comply with the purposes set
forth in paragraph (2) of this subsection, and it enumerates several
factors a court shall consider in determining an appropriate sentence,
including the nature and circumstances of the offense and the history
and characteristics of the defendant, 3553(a)(1).
Cite as: 560 U. S. ____ (2010) 5
5 We
do not respond to the dissents separation-of-powers discussion,
see post, at 1116 (opinion of STEVENS, J.), as that issue is not fairly
encompassed within the questions presented and was not briefed by the
parties.
Cite as: 560 U. S. ____ (2010) 9
No. 096338
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4 See also, e.g., Booker, 543 U. S., at 246 (opinion for the Court by
Cite as: 560 U. S. ____ (2010) 9
BREYER, J.) (The other approach, which we now adopt, would (through
tencing Reform Act should have been excised, but was not, in order to
accomplish the Courts remedy. Section 3742(g)(2), prescribes that the
Guidelines are to have binding effect upon a remand for a new sentence
in a direct appeal: The court shall not impose a sentence outside the
applicable guidelines range . . . .
10 DILLON v. UNITED STATES
6 See also Spears, 555 U. S., at ___ (slip op., at 6) ([D]istrict courts