pepper argued december decided march pleading guilty drug charges petitioner pepper sentenced federal sentencing guidelines months imprisonment nearly percent downward departure low end guidelines range based part substantial assistance followed five years supervised release pepper eighth circuit reversed remanded resentencing light inter alia booker pepper begun serving supervised release testified resentencing hearing longer drug addict completed drug treatment program prison enrolled community college achieved good grades working part time pepper father testified son longer estranged pepper probation officer testified sentence reasonable light pepper substantial assistance postsentencing rehabilitation demonstrated low recidivism risk district sentenced pepper months granting percent downward departure based pepper substantial assistance downward variance based inter alia pepper rehabilitation since initial sentencing pepper ii eighth circuit reversed remanded resentencing concluding pepper postsentencing rehabilitation considered factor supporting downward variance directing case assigned different district judge vacated remanded pepper ii judgment light gall eighth circuit pepper iii reversed remanded second resentencing hearing pepper informed new district judge still school promoted job married supporting new family noting nearly identical remand language pepper ii pepper iii observed bound reduce pepper range percent substantial assistance instead found entitled percent reduction refused grant downward variance inter alia postsentencing rehabilitation imposed prison term months supervised release pepper iv eighth circuit rejected pepper postsentencing rehabilitation argument also rejected claim law case pepper ii pepper iii required district reduce applicable guidelines range least percent held defendant sentence set aside appeal district resentencing may consider evidence defendant postsentencing rehabilitation evidence may appropriate cases support downward variance guidelines range pp consistent principle punishment fit offender merely crime williams new york observed consistent uniform policy sentencing judge exercise wide discretion sources types evidence used assist determining kind extent punishment imposed within limits fixed law particularly fullest information possible concerning defendant life characteristics principle codified provides limitation shall placed information sentencing may consider concerning defendant background character conduct specifies sentencing courts must consider among things defendant history characteristics guidelines booker made effectively advisory starting point initial benchmark district courts may impose sentences within statutory limits based appropriate consideration factors subject appellate review reasonableness gall sentencing framework applies initial sentencing subsequent resentencing sentence set aside appeal pp postsentencing rehabilitation evidence may support downward variance advisory guidelines range plain language makes clear limitation background character conduct information makes distinction initial sentencing subsequent resentencing addition postsentencing rehabilitation evidence may highly relevant several factors district courts required consider sentencing extensive evidence pepper rehabilitation since initial sentencing clearly relevant selection appropriate sentence fundamentally evidence provides picture history characteristics time initial sentencing unemployed drug addict estranged family sold drugs second resentencing nearly five years attending college top employee slated promotion relationship father married supporting family postsentencing conduct also sheds light likelihood engage future criminal conduct central factor sentencing courts must consider see pp contrary arguments advanced amicus appointed defend judgment unpersuasive pp prohibits district resentencing imposing sentence outside guidelines range except upon ground relied upon prior sentencing effectively precludes considering postsentencing rehabilitation provision invalid booker like provisions invalidated booker requires district courts effectively treat guidelines mandatory entire set cases thus proper remedy invalidate provision applying resentencing always result sixth amendment violation rejects partial invalidation leave guidelines effectively mandatory cases advisory others fact permits resentencing remand impose sentence prior sentence expressly relied departure upheld appeals also cure constitutional infirmity argument constitutional infirmity remedied invalidating rejected pp finds unpersuasive amicus arguments focusing congress sentencing objectives contrary amicus contention reflect congressional purpose preclude consideration postsentencing rehabilitation evidence thus provision bearing analysis whether permits consideration evidence consideration postsentencing rehabilitation inconsistent sentencing factor directs sentencing courts consider pertinent policy statement sentencing commission particularly pertinent policy statement case based unconvincing policy rationales reflected relevant sentencing statutes consideration postsentencing rehabilitation also inconsistent requires courts consider need avoid unwarranted sentenc ing disparities among defendants similar records found guilty similar conduct disparity arises normal trial sentencing process differences procedural opportunity may result defendants inevitably sentenced error must resentenced kinds unwarranted sentencing disparities congress sought eliminate pp remand district consider give appropriate weight postsentencing rehabilitation evidence well additional evidence concerning pepper conduct since last sentencing pp eighth circuit pepper iii set aside pepper entire sentence remanded de novo resentencing district bound law case doctrine apply percent departure applied original sentencing judge avoid undermining district original sentencing intent appellate reversing one part sentence may vacate entire sentence remand trial reconfigure sentencing plan satisfy sentencing factors greenlaw eighth circuit pp vacated part affirmed part remanded sotomayor delivered opinion roberts scalia kennedy ginsburg joined breyer alito joined part iii breyer filed opinion concurring part concurring judgment alito filed opinion concurring part concurring judgment part dissenting part thomas filed dissenting opinion kagan took part consideration decision case jason pepper petitioner writ certiorari appeals eighth circuit march justice sotomayor delivered opinion long recognized sentencing judges exercise wide discretion types evidence may consider imposing sentence ighly relevant essential selection appropriate sentence possession fullest information possible concerning defendant life characteristics williams new york congress codified principle provides limitation shall placed information sentencing may consider concerning defendant background character sets forth certain factors sentencing courts must consider including history characteristics defendant appeals eighth circuit concluded case district resentencing petitioner initial sentence set aside appeal consider evidence petitioner rehabilitation since initial sentencing conclusion conflicts longstanding principles federal law congress express directives although separate statutory provision prohibits district resentencing imposing sentence outside federal sentencing guidelines range except upon ground relied upon prior sentencing thus effectively precluding considering postsentencing rehabilitation purposes imposing sentence provision survive holding booker expressly invalidate today hold defendant sentence set aside appeal district resentencing may consider evidence defendant postsentencing rehabilitation evidence may appropriate cases support downward variance federal sentencing guidelines range separately affirm appeals ruling law case doctrine require district case apply percentage departure guidelines range substantial assistance applied petitioner prior sentencing october petitioner jason pepper arrested charged conspiracy distribute grams methamphetamine violation pleading guilty pepper appeared sentencing judge mark bennett district northern district iowa pepper sentencing range guidelines government moved downward departure pursuant ussg based pepper substantial assistance recommended percent downward district however sentenced pepper prison term resulting approximately percent downward departure low end guidelines range followed five years supervised release government appealed pepper sentence june appeals eighth circuit reversed remanded resentencing light intervening decision booker another reason relevant see pepper pepper pepper completed sentence three days pepper issued began serving term supervised release may district conducted resentencing hearing heard three witnesses testimony pepper first recounted previously drug addict successfully completed drug treatment program prison longer used drugs app pepper explained since release prison enrolled local community college student earned classes prior semester pepper also testified obtained employment within weeks released custody continuing work attending school pepper confirmed compliance conditions supervised release described changed attitude since arrest see life basically headed either guess ended prison death optimism life life glad got chance try guess say decent life life going nowhere think going somewhere pepper father testified virtually contact pepper period leading arrest pepper drug treatment program according father truly sobered made way thinking change explained pepper much mature serious terms planning future consequence relationship son finally pepper probation officer testified view sentence reasonable light pepper substantial assistance postsentencing rehabilitation demonstrated low risk recidivism probation officer also prepared sentencing memorandum set forth reasons supporting recommendation sentence district adopted findings fact testimony three witnesses probation officer sentencing memorandum granted percent downward departure based pepper substantial assistance reducing bottom guidelines range months granted percent downward variance based inter alia pepper rehabilitation since initial sentencing sentenced pepper months imprisonment concluding advance purpose federal sentencing policy policy behind federal sentencing guidelines send defendant back prison government appealed pepper sentence appeals reversed remanded resentencing see pepper pepper ii concluded close call say district abused discretion granting percent downward departure substantial assistance found percent downward variance however abuse discretion held pepper rehabilitation impermissible factor consider granting downward variance stated evidence postsentencing relevant permitted resentencing district considered evidence time original sentencing permitting courts consider rehabilitation resentencing create unwarranted sentencing disparities inject blatant inequities sentencing process appeals directed case assigned different district judge resentencing ibid appeals mandate issued pepper case reassigned remand chief judge linda reade july chief judge reade issued order scope remand pepper ii stating consider bound reduce pepper advisory sentencing guidelines range pursuant ussg pepper wl nd iowa meantime pepper petitioned writ certiorari january granted petition vacated judgment pepper ii remanded case appeals consideration light gall see pepper remand appeals held gall alter prior conclusion rehabilitation impermissible factor consider granting downward variance pepper iii reversed sentence remanded resentencing october chief judge reade convened pepper second resentencing hearing pepper informed still attending school working supervisor night crew warehouse retailer recently selected management associate year likely promoted following january app pepper also stated recently married supporting wife daughter pepper father reiterated pepper moving forward career family life remained close touch son see december chief judge reade issued sentencing memorandum noting remand language pepper iii nearly identical language pepper ii observed bound reduce pepper advisory sentencing guidelines range substantial assistance concluded pepper entitled percent downward departure assistance timely helpful important way extraordinary sealed sentencing memorandum nd iowa doc pp also rejected pepper request downward variance based inter alia postsentencing rehabilitation district reconvened pepper resentencing hearing january decision grant percent downward departure substantial assistance resulted advisory guidelines range months also granted government motion rule federal rules criminal procedure account investigative assistance pepper provided initially sentenced imposed term imprisonment followed months supervised appeals affirmed pepper sentence pepper iv relevant appeals rejected pepper argument district erred refusing consider postsentencing rehabilitation acknowledged pepper made significant progress following initial period imprisonment commend ed pepper positive changes made life concluded pepper argument foreclosed circuit precedent holding rehabilitation permissible factor consider granting downward variance citing jenners mcmannus appeals also rejected pepper claim scope remand law case pepper ii pepper iii required district reduce applicable guidelines range least percent pursuant ussg noted remand orders pepper ii pepper iii general remand resentencing place limitations discretion newly assigned district judge resentencing noted although issues decided appellate become law case remand sentencing earlier decisions merely held percent downward departure substantial assistance abuse discretion district bound percent departure previously granted granted pepper petition writ certiorari decide two questions whether district defendant sentence set aside appeal may consider evidence defendant postsentencing rehabilitation support downward variance resentencing defendant question divided courts appeals whether resentencing required law case doctrine apply percentage departure guidelines range substantial assistance applied pepper prior sentencing confessed error appeals ruling first question appointed amicus curiae defend appeals vacate eighth circuit ruling first question affirm ruling second ii uniform constant federal judicial tradition sentencing judge consider every convicted person individual every case unique study human failings sometimes mitigate sometimes magnify crime punishment ensue koon underlying tradition principle punishment fit offender merely crime williams see also pennsylvania ex rel sullivan ashe determination sentences justice generally requires consideration particular acts crime committed taken account circumstances offense together character propensities offender consistent principle observed since american colonies became nation courts country england practiced policy sentencing judge exercise wide discretion sources types evidence used assist determining kind extent punishment imposed within limits fixed law williams particular emphasized ighly relevant essential selection appropriate sentence possession fullest information possible concerning defendant life characteristics permitting sentencing courts consider widest possible breadth information defendant ensures punishment suit merely offense individual defendant wasman congress codified longstanding principle sentencing courts broad discretion consider various kinds information watts per curiam section ed provided limitation shall placed information concerning background character conduct person convicted offense may receive consider purpose imposing appropriate sentence emphasis added sentencing reform act sra et congress effected fundamental changes federal sentencing creating federal sentencing commission introducing guidelines scheme however congress recodified without change sentencing commission moreover expressly incorporated guidelines determining sentence impose within guideline range whether departure guidelines warranted may consider without limitation information concerning background character conduct defendant unless otherwise prohibited law see ussg emphasis added congress sentencing commission thus expressly preserved traditional discretion sentencing courts conduct inquiry broad scope largely unlimited either kind information may consider source may come tucker sra constrain sentencing courts discretion important respects notably making guidelines mandatory see supp iv specifying various factors courts must consider exercising discretion see seminal decision booker held facts found judge preponderance evidence increased applicable guidelines range treating guidelines mandatory circumstances violated sixth amendment right criminal defendants tried jury every element offense proved government beyond reasonable doubt remedial opinion booker invalidated two offending provisions sra see invalidating instructed district courts treat guidelines effectively advisory opinions make clear although sentencing must give respectful consideration guidelines booker permits tailor sentence light statutory concerns well kimbrough internal quotation marks citation omitted accordingly although guidelines starting point initial benchmark district courts may impose sentences within statutory limits based appropriate consideration factors listed subject appellate review reasonableness gall sentencing framework applies defendant initial sentencing subsequent resentencing sentence set aside appeal see district case remanded shall resentence defendant accordance section see also dillon slip distinguishing proceedings implicate interests identified booker plenary resentencing proceedings light federal sentencing framework described think clear defendant sentence set aside appeal case remanded resentencing district may consider evidence defendant rehabilitation since prior sentencing evidence may appropriate cases support downward variance advisory guidelines range preliminarily congress clearer directing limitation placed information concerning background character conduct defendant district may receive consider purpose imposing appropriate sentence plain language makes distinction defendant initial sentencing subsequent resentencing prior sentence set aside appeal recognized broad language provide basis courts invent blanket prohibition considering certain types evidence sentencing watts categorical bar consideration postsentencing rehabilitation evidence directly contravene congress expressed intent addition evidence postsentencing rehabilitation may highly relevant several factors congress expressly instructed district courts consider sentencing example evidence postsentencing rehabilitation may plainly relevant history characteristics defendant evidence may also pertinent need sentence imposed serve general purposes sentencing set forth particular afford adequate deterrence criminal conduct protect public crimes defendant provide defendant needed educational vocational training correctional treatment manner see mcmannus melloy concurring assessing deterrence protection public rehabilitation seem better evidence defendant conduct postsentencing rehabilitation may also critically inform sentencing judge overarching duty impose sentence sufficient greater necessary comply sentencing purposes set forth original sentencing judge recognized extensive evidence pepper rehabilitation since initial sentencing clearly relevant selection appropriate sentence case fundamentally evidence pepper conduct since release custody june provides picture pepper history characteristics see bryson duty always sentence defendant stands day sentencing time initial sentencing pepper drug addict unemployed estranged family recently sold drugs part methamphetamine conspiracy time second resentencing pepper nearly five years attended college achieved high grades top employee job slated promotion relationship father married supporting wife daughter question evidence pepper conduct since initial sentencing constitutes critical part history characteristics defendant congress intended sentencing courts consider pepper postsentencing conduct also sheds light likelihood engage future criminal conduct central factor district courts must assess imposing sentence see gall gall rehabilitation lends strong support conclusion imprisonment necessary deter gall engaging future criminal conduct protect public future criminal acts citing recognized pepper probation officer pepper steady employment well successful completion drug treatment program condition also suggest diminished need educational vocational training correctional treatment finally pepper exemplary postsentencing conduct may taken accurate indicator present purposes tendencies significantly suggest period restraint kind discipline imposed upon ashe accordingly evidence pepper postsentencing rehabilitation bears directly district overarching duty impose sentence sufficient greater necessary serve purposes sentencing sum appeals ruling prohibiting district considering evidence pepper postsentencing rehabilitation resentencing conflicts longstanding principles federal sentencing law contravenes congress directives amicus nevertheless advances two principal arguments defense appeals ruling restricts discretion resentencing remand impose sentence effectively forecloses consideration defendant postsentencing rehabilitation permitting district courts consider postsentencing rehabilitation defeat congress objectives persuaded amicus main argument relies provision appeals cite provision sentence set aside appeal district case remanded shall impose sentence outside applicable guidelines range except upon ground specifically affirmatively included written statement reasons required section connection previous sentencing defendant prior appeal held appeals remanding case permissible ground departure operation restricts discretion district remand precluding imposing sentence outside guidelines range except upon ground departure expressly relied upon prior sentencing upheld appeal amicus thus correctly contends face effectively forecloses resentencing considering evidence defendant postsentencing rehabilitation purposes imposing sentence practical matter evidence exist time prior sentencing government concedes however invalid booker explained booker held judicial factfinding increases defendant applicable sentencing guidelines range treating guidelines mandatory circumstances violate defendant sixth amendment right tried jury every element offense proved government beyond reasonable doubt see supra recognized booker although sra permitted departures applicable guidelines range limited departures available every case fact unavailable instances judge bound impose sentence within guidelines range concluded availability departures certain circumstances avoid constitutional issue ibid remedy constitutional problem rendered guidelines effectively advisory invalidating two provisions sra supp iv generally required sentencing courts impose sentence within applicable guidelines range ed supp iv prescribed standard appellate review including de novo review guidelines departures invalidated provisions even though recognized mandatory application guidelines always result sixth amendment indeed although government suggested booker render guidelines advisory cases constitution prohibits judicial factfinding rejected proposal reasoning congress authorized mandatory system cases system others given administrative complexities system create see dillon slip incomplete remedy rejected booker required courts treat guidelines differently similar proceedings leading potentially unfair results considerable administrative challenges expressly mention rationale set forth opinion invalidating applies equally provisions requires district courts effectively treat guidelines mandatory entire set cases specifically precludes district remand imposing sentence outside applicable guidelines range except upon ground departure expressly relied upon prior sentencing upheld appeals circumstances district rely upon departure ground prior sentencing require remand impose sentence within applicable guidelines range thus rendering guidelines effectively mandatory large set cases judicial factfinding increase applicable guidelines range beyond supported solely facts established jury verdict guilty plea requiring sentencing judge remand apply guidelines range often result sixth amendment violation reasons explained booker accordingly provisions booker proper remedy invalidate sentencing proceeding issue booker illustrates withstand sixth amendment scrutiny district booker increased defendant guidelines range based finding rather jury made held guidelines must treated advisory remanded case resentencing remained valid booker district remand required sentence within guidelines range depart guidelines original sentencing accordingly resentencing judge booker required impose guidelines sentence based facts concerning drug quantity precise result booker forbids result occur sentencing district erroneously refuses impose sentence outside guidelines range based misunderstanding authority depart vary guidelines reply brief example remained valid remedy resentencing district erroneously believed guidelines presumptively reasonable see nelson per curiam slip mistakenly thought sentence required extraordinary circumstances see gall incorrectly concluded vary guidelines based policy disagreement disparate treatment crack powder cocaine see kimbrough cases district initial sentencing proceeding necessarily imposed sentence within guidelines range thus require imposition guidelines sentence remand see reply brief petitioner describing categories cases booker remedy entirely unavailable valid sure applying resentencing always result sixth amendment violation example applicable guidelines range rests solely facts found jury beyond reasonable doubt application resentencing render sentence constitutionally infirm explained possibility equally true respect sentencing provisions invalidated booker see supra provisions assume congress faced statute invalidity key applications preferred apply statute many instances possible rejected system booker made guidelines mandatory cases advisory others reject partial invalidation leave us result fact permits resentencing remand impose sentence cases prior sentence expressly relied upon departure upheld appeals also cure constitutional infirmity explained observed booker availability departures applicable guidelines ranges specified circumstances avoid constitutional issue departures available every case fact unavailable held remedying sixth amendment problem required invalidation remedial approach requires us invalidate amicus contends constitutional infirmity remedied invalidating rather brief amicus curiae support judgment section provides ground departure permissible purposes inter alia authorized section booker noted statutory sra provisions invalidated also constitutionally infirm incorporates one provisions invalidated booker amicus suggests invalidating cure constitutional defect government explains however even invalidated district depart ground initial sentencing district able depart new ground resentencing long remains force amicus proposed solution still result guidelines effectively mandatory resentencing entire set cases fails remedy fundamental constitutional defect amicus next cluster arguments focuses congress sentencing objectives preliminarily amicus contends even constitutionally invalid provision reflects congressional policy determination information available time original sentencing considered policy determination inform analysis whether permits consideration postsentencing rehabilitation evidence argument however based faulty premise contrary amicus contention reflect congressional purpose preclude consideration evidence postsentencing rehabilitation resentencing sure incidental effect limiting weight sentencing may place postsentencing rehabilitation precluding resentencing outside guidelines range ground departure previously rely face nothing prohibits district considering postsentencing developments including postsentencing rehabilitation selecting sentence within applicable guidelines range section also apply resentencings occur reasons sentence overturned appeal case remanded sentence set aside collateral review circumstances restrict district much less respect consideration postsentencing developments accordingly see general congressional policy reflected preclude resentencing courts considering postsentencing provision bearing analysis whether permits consideration evidence postsentencing rehabilitation explained evidence postsentencing rehabilitation may highly relevant several sentencing factors congress specifically instructed district courts consider see supra discussing amicus however argues consideration postsentencing inconsistent two sentencing factors directs sentencing courts consider pertinent policy statement sentencing commission requires courts consider need avoid unwarranted sentenc ing disparities among defendants similar records found guilty similar conduct regard amicus points sentencing commission policy statement ussg provides rehabilitative efforts even exceptional undertaken defendant imposition term imprisonment instant offense appropriate basis downward departure resentencing defendant offense according amicus policy statement clear unequivocal exercise sentencing commission core function given effect brief amicus curiae support judgment sure recognized commission continues fil important institutional role capacity courts lack base determinations empirical data national experience guided professional staff appropriate expertise kimbrough internal quotation marks omitted accordingly instructed district courts must still give respectful consideration guidelines accompanying policy statements amicus acknowledges however decisions make clear district may appropriate cases impose sentence based disagreement commission views see particularly true commission views rest wholly unconvincing policy rationales reflected sentencing statutes congress enacted commentary ussg expresses commission view departures based postsentencing rehabilitation inconsistent policies established congress governing good time credit statutory provisions reducing time served imprisoned person inequitably benefit gain opportunity resentenced de novo regard first proffered rationale sentencing reduction based postsentencing rehabilitation hardly said inconsistent policies underlying award good time credit two serve distinctly different penological indeed difference two reflected obviously fact bop authority award good time credit case defendant good behavior occurs sentence already commission second proffered rationale fares better sure allowing district courts consider evidence postsentencing rehabilitation may result disparate treatment defendants sentenced properly must resentenced disparity arises arbitrary random sentencing practices ordinary operation appellate sentencing review closely related vein amicus argues consideration postsentencing rehabilitation inconsistent requires sentencing courts consider need avoid unwarranted sentencing disparities appeals also rested holding ground reasoning postsentencing rehabilitation evidence influence defendant sentence grossly unfair vast majority defendants receive review positive rehabilitative efforts quoting mcmannus amicus points evidence aware suggesting congress enacted concern disparities resulting normal trial sentencing differences procedural opportunity may result defendants inevitably sentenced error must resentenced kinds unwarranted sentencing disparities congress sought eliminate cf labonte disparity arising exercise prosecutorial discretion unwarranted rhodes cadc distinguishing prisoners whose convictions reversed appeal prisoners hardly seems government explains moreover logic appeals approach rehabilitation relevant district considered evidence time original sentencing internal quotation marks omitted require sentencing courts categorically ignore postsentencing rehabilitation postsentencing information including example evidence defendant committed postsentencing offenses precedents however provide basis support categorical bar see wasman sentencing authority may justify increased sentence affirmatively identifying relevant conduct events occurred subsequent original sentencing proceedings cf north carolina pearce indeed even appeals accept logical consequence approach permits district courts consider postsentencing conduct support higher sentence see stapleton nothing however remotely suggests congress intended district courts consider postsentencing evidence detrimental defendant turning blind eye favorable evidence defendant postsentencing rehabilitation cf jones obviously discretion booker accords sentencing judges impose sentences escalator goes finally note describe two seven sentencing factors courts must consider imposing sentence root amicus effectively invites us elevate two factors others reject invitation see gall instructing sentencing courts consider factors emphasis added reasons stated hold appeals erred categorically precluding district considering evidence pepper postsentencing rehabilitation initial sentence set aside appeal district courts may consider evidence defendant postsentencing rehabilitation resentencing evidence may appropriate cases support downward variance advisory guidelines government informs us granting pepper motion release pending disposition appeal see supra district stated exercised discretion grant pepper downward variance based postsentencing rehabilitation statement however made light appeals erroneous views regarding postsentencing rehabilitation evidence expressly reject views today unclear record whether district imposed sentence properly considered extensive evidence pepper postsentencing rehabilitation remand district consider give appropriate weight evidence well additional evidence concerning pepper conduct since last sentencing january accordingly vacate eighth circuit judgment respect pepper sentence remand case resentencing consistent opinion iii second question presented case merits brief discussion noted original sentencing judge case granted pepper percent downward departure pursuant ussg based pepper substantial assistance sentenced months imprisonment appeals vacated sentence pepper ii pepper iii case reassigned remand chief judge reade resentencing pepper chief judge reade ruled bound prior sentencing judge decision grant percent downward departure instead granted percent downward departure appeals upheld pepper iv pepper argues law case doctrine required chief judge reade apply percent departure granted original sentencing judge disagree preliminarily note mandates pepper ii pepper iii general remand resentencing place limitations discretion newly assigned district judge resentencing pepper merits briefs pepper challenge scope validity appeals mandate ordering de novo resentencing thus abandoned argument mandate restricted district imposing different substantial assistance question us whether law case doctrine required chief judge reade adhere original sentencing judge decision granting percent downward departure although described law case amorphous concept commonly defined doctrine posits decides upon rule law decision continue govern issues subsequent stages case arizona california doctrine directs discretion limit tribunal power ibid accordingly doctrine apply prior decision clearly erroneous work manifest injustice agostini felton quoting arizona alteration original pepper argues original sentencing judge decision grant percent departure never set aside appeals constituted law case pepper contends chief judge reade disturbed ruling absent compelling justification overturning brief petitioner according pepper chief judge reade identified justification law case doctrine required adhere percent departure granted original sentencing judge government explains however appeals pepper iii set aside pepper entire sentence remanded de novo resentencing see thus even assuming arguendo original sentencing decision impose percent departure one point law case pepper iii effectively wiped slate clean sure pepper iii vacated pepper sentence grounds unrelated substantial assistance departure fact affect conclusion criminal sentence package sanctions district utilizes effectuate sentencing intent stinson per curiam district original sentencing intent may undermined altering one portion calculus white appellate reversing one part defendant sentence may vacate entire sentence remand trial reconfigure sentencing plan satisfy sentencing factors greenlaw precisely eighth circuit accordingly appeals pepper iii remanded de novo resentencing conclude chief judge reade bound law case doctrine apply percent departure applied pepper prior sentencing reasons stated judgment appeals eighth circuit vacated part affirmed part case remanded resentencing consistent opinion ordered justice kagan took part consideration decision case jason pepper petitioner writ certiorari appeals eighth circuit march justice breyer concurring part concurring judgment join part iii opinion second question presented first question presented agree conclusion agree opinion extent consistent concurrence like majority believe booker requires us hold unconstitutional see ante booker see also apprendi new jersey like majority believe law require sentencing follow guideline policy statement forbids taking account postsentencing rehabilitation sentencing commission guidelines manual ussg emphasize however conclusion leave sentencing free disregard guidelines contrary law permits disregard guidelines reasonable booker supra gall kimbrough appellate must guided basic sentencing objectives statutes create guidelines determining whether disregarding guidelines sentencing acted unreasonably guideline question consists policy statement sets forth exception normal guideline rules normally guidelines authorize sentencing judge consider departure ordinary guidelines sentence case conduct significantly differs norm particular guideline linguistically applies ussg ch pt discussing guidelines general approach departures policy statement issue one handful guideline rules nonetheless forbid departure says defendant rehabilitative efforts even exceptional appropriate basis downward departure resentencing ussg policy statement thereby adds rehabilitative efforts factors race sex national origin creed religion socioeconomic status guidelines absolutely prohibit sentencing judge taking account ussg ch pt ii sentencing despite policy statement take account postsentencing rehabilitation particular circumstances case presents find answer question language sentencing statutes sentencing traditions case williams new york use word advisory majority points sentencing statute forbids concerning background character may consider ante quoting emphasis deleted provision must refer relevant information see ussg comment generally incorporating noting certain factors considered purpose guideline policy statement absolute prohibition consideration postsentencing rehabilitation legally binding information score like information race religion sex national origin fall outside scope provision relevant thus reference statute begs question find much help majority reference sentencing considers convicted person individual ante quoting koon individualized sentencing relevant tradition legal system seeks treat different cases differently also treat like cases alike fairness requires sentencing uniformity well efforts recognize relevant sentencing differences indeed congress enacted sentencing statutes us focused upon unfair way federal sentencing failed treat similar offenders similarly congress wrote statutes designed primarily though exclusively bring greater uniformity sentencing see booker supra statutes large part creation system guidelines written sentencing commission congress intended courts follow see mistretta sentencing commission constitutional rita identifying relevant factors sentencing including uniformity williams case similarly unhelpful congress sentencing reform act law us disavowed individualized approach sentencing case followed williams emphasized importance sentencing legal power tailor punishment ability fit circumstances individual offender emphasizing modern concepts individualizing punishment congress concerned individualized sentencing gone far wrote new sentencing law designed help correct disparities among similar defendants sentenced different judges see sentencing disparities unfair offenders public disparities traced directly unfettered discretion law confers judges parole authorities responsible imposing implementing sentence booker description guidelines advisory offers somewhat greater assistance word read light sixth amendment analysis precedes held sixth amendment forbids congress commission create guidelines require judges without juries find sentencing facts also tie facts mandatory imposition particular sentences see also apprendi sixth amendment requires jury findings respect factual matters require judge increase sentence blakely washington respect state mandatory guidelines light sixth amendment prohibition believing congress intended introduce new juries sentencing proceeding excised particular provisions sentencing statutes specified application guidelines mandatory booker believed relevant statutes remained workable without provisions excision congress basic sentencing intentions excision likely invalidation entire statutory scheme occasional exception statutory provision strike today reason think sentencing statutes limited booker run afoul sixth amendment ibid booker made clear remaining statutory provisions leading us call guidelines advisory rather mandatory give sentencing judge carte blanche apply apply guidelines judge chooses rather district courts bound apply guidelines must consult guidelines take account sentencing moreover booker held appellate review sentencing valid booker explained statutory language structure sentencing reform act sound administration justice taken together require appellate courts apply reasonableness standard review internal quotation marks omitted reasonableness standards added foreign sentencing law act long required use important sentencing circumstances review departures review sentences imposed applicable guideline ibid see also appellate courts apply practical standard review already familiar appellate courts review ness ourts appeals review sentencing decisions unreasonableness also indicated applying reasonableness standards appellate courts take account sentencing policy embodied statutes guidelines well comparative expertise trial appellate courts thus kimbrough observed light discrete institutional strengths sentencing commission sentencing judges district decision vary advisory guidelines may attract greatest respect sentencing judge finds particular case heartland commission intends individual guidelines apply quoting rita supra noted however guidelines longer binding closer review may order sentencing judge varies guidelines based solely judge view guidelines range properly reflect considerations even case iii unlike majority decide question kimbrough left open follow suggested framework evaluating reasonableness suggests takes proper account comparative institutional abilities trial courts appellate courts sentencing commission trial typically better understands individual circumstances particular cases commission comparatively greater ability gather information consider broader national picture compare sentences attaching different offenses ultimately write coherent overall standards reflect nationally uniform simply local sentencing policies applying kimbrough suggested framework reason much majority first question whether sentencing judge might sometimes take account resentenced offender postsentencing rehabilitation despite guideline policy statement says never find reasonable judge disregard guidelines absolute prohibition despite commission comparatively greater abilities guideline policy statement runs counter ordinary guideline sentencing policy rarely forbids departures strong policy reasons supra see ussg ch pt commission offers convincing justification creating exception respect postsentencing rehabilitation commission commentary says judge resentencing lower sentence reason reflecting good behavior case appeal conflict use mechanisms credits purpose defendant sentencing case appeal may may entitled good time may depend upon whether remains bail upon particular rules regardless resentencing judge take account matter see also ante commission commentary also suggests inequitable allow offender resentenced receive kind credit good behavior say case appeal guidelines permit judge take account offender good behavior arrest initial sentencing time period last longer time taken appeal pretrial behavior count appeal time behavior count like majority find justification policy statement unconvincing see ante second question whether given sentencing power disregard policy statement forbidding departures based postsentencing rehabilitation facts circumstances warrant departure variance reason answer view yes case presents unusual rehabilitative circumstances majority observes time second resentencing pepper nearly five years attended college achieved high grades top employee job slated promotion reestablished relationship father married supporting wife daughter ante facts circumstances kind lead appellate courts show greatest respect sentencing decision including departure variance rests upon iv sum sentencing statutes interpreted require courts appeals review sentences reasonableness including sentences depart vary specific guideline appellate courts review decisions closely rest upon disagreement guidelines policy kimbrough review decisions greater deference rest upon circumstances place case outside specific guideline heartland see ibid rita koon interpreting sentencing statutes way remain faithful congress basic intent writing despite need invalidate statutory provisions conflict sixth amendment statutes create sentencing commission authority develop sentencing policy embodied guidelines guidelines statutes basic objective namely greater sentencing uniformity also taking account special individual circumstances primarily permitting sentencing depart nontypical cases collecting trial courts reasons departure variance examining appellate reactions developing statistical empirical information considering views expert penologists others commission revise guidelines accordingly see ussg ch pt trial courts appellate courts commission role play meant iterative cooperative institutional effort bring uniform equitable sentencing system see interpret statutes us accordingly jason pepper petitioner writ certiorari appeals eighth circuit march justice thomas dissenting affirm appeals uphold pepper sentence written federal sentencing guidelines permit district courts impose sentence guidelines range based defendant postsentencing see sentencing commission guidelines manual ussg therefore respectfully dissent booker rendered entire guidelines scheme advisory remedy far broader necessary correct constitutional error kimbrough thomas dissenting principled way apply booker remedy explained best apply statute written including makes guidelines mandatory unless actually violate sixth amendment see booker supra thomas dissenting part gall thomas dissenting irizarry thomas concurring apply guidelines written case violate sixth amendment constitutional problem arises judge makes finding raises sentence beyond sentence lawfully imposed reference facts found jury admitted defendant booker supra opinion thomas pepper admitted plea agreement involvement grams methamphetamine mixture carries sentence years life viii pepper pepper admitted facts support much longer sentence months received sixth amendment problem case mandatory guidelines regime pepper sentence proper district correctly calculated guidelines range incorporated ussg departure government motion federal rule criminal procedure settled sentence guideline expressly prohibits downward departures based rehabilitative efforts even exceptional provision guidelines variance pepper seeks variances creations booker remedy therefore affirm appeals decision uphold pepper sentence although outcome represent policy choice bound choices made congress federal sentencing commission like majority believe postsentencing rehabilitation highly relevant meaningful resentencing see ante light pepper success escaping drug addiction becoming productive member society see purpose incarceration serve congress made guidelines mandatory see authorized ussg constrained apply provisions unless constitution prohibits jason pepper petitioner writ certiorari appeals eighth circuit march justice alito concurring part concurring judgment part dissenting part join part iii opinion agree decision affirmed basis amicus suggests provision designed function part mandatory guidelines scheme struck booker although amicus argument ingenious even sort surgery sanctioned booker transform provision one survive world also concur judgment extent holds decision regarding evidence postsentencing rehabilitation must reversed decision entirely precluded consideration evidence consistent policy statement sentencing guidelines booker remedial decision permit appeals treat guidelines policy decisions binding kimbrough alito dissenting booker however district judges still required almost cases give significant weight policy decisions embodied federal sentencing guidelines see gall alito dissenting congress delegated sentencing commission authority make policy decisions regarding federal sentencing see requiring judges give significant weight commission policy decisions run afoul sixth amendment right mandatory guidelines system found violate right jury make certain factual findings relevant sentencing continue believe sentencing judges required give significant weight guidelines provisions policy statements see kimbrough opinion alito kimbrough held sentencing judges may required give weight unusual policy decisions see majority opinion justice breyer makes reasonable case particular policy statement involved case distinguishable almost rules commission adopted see ante opinion concurring part concurring judgment position seems consistent kimbrough least prevent us sliding way slippery slope leads back regime entirely discretionary federal sentencing preceded enactment sentencing reform act stat anyone familiar history criminal sentencing country fail see irony praise sentencing scheme exemplified williams new york time enactment sentencing reform act scheme fallen widespread disrepute see mistretta noting undamental widespread dissatisfaction uncertainties disparities scheme difrancesco observed sentencing one areas criminal justice system need reform shameful disparity criminal sentences major flaw existing criminal justice system system federal district judge free implement individual sentencing philosophy therefore sentence imposed particular case often depended heavily spin wheel determined judge case assigned see bullington missouri attempt separate policymaking individual sentencing determinations internal quotation marks omitted frankel criminal sentences law without order almost wholly unchecked sweeping powers give judges fashioning sentences terrifying intolerable society professes devotion rule law language today opinion reads like paean old regime fear may interpreted sanctioning move back toward system prevailed prior occurs suspect day come irrationality system seen perhaps entire booker line cases reexamined footnotes although charge pepper pleaded guilty carried mandatory minimum months imprisonment mandatory minimum apply eligible relief pursuant ed sentencing guidelines manual ussg ussg provides may depart guidelines pon motion government stating defendant provided substantial assistance investigation prosecution another person committed offense pepper provided information government investigators grand jury concerning two individuals involved illegal drugs guns also cited pepper lack violent history lesser extent need avoid unwarranted sentencing disparity pepper app appeals also held district erred considering pepper lack violent history history already accounted sentencing guidelines calculation considering sentencing disparity among pepper without adequate foundation explanation pepper ii district resentenced pepper months imprisonment pepper returned federal custody july granted pepper petition writ certiorari district granted motion release pending disposition case compare lorenzo per curiam precluding consideration postsentencing rehabilitative conduct sims lloyd permitting consideration postsentencing rehabilitation exceptional cases hughes instructing district adjust guidelines calculation remand new circumstances arisen events occurred since defendant sentenced impact range prescribed guidelines appointed adam ciongoli brief argue case amicus curiae support appeals judgment ciongoli ably discharged assigned responsibilities course sentencing courts discretion subject constitutional constraints see leung defendant race nationality may play adverse role administration justice including sentencing see supp iv permitting departures judge finds exists aggravating mitigating circumstance kind degree adequately taken consideration sentencing commission example regime applicable guidelines range depended solely facts found jury beyond reasonable doubt requiring judge sentence within range run afoul sixth amendment see dillon stevens dissenting slip citing one additional provision sra excised order accomplish remedy amicus national association criminal defense lawyers nacdl argues permits sentence respect certain departures provision appears preclude sentencing courts remand granting variances section brief nacdl amicus curiae emphasis added irizarry held eparture term art guidelines refers sentences imposed framework set guidelines contrast variance refers sentence outside guidelines framework irizarry holding construed term departure rule federal rules criminal procedure conclude constitutionally infirm must invalidated need decide whether reference departure includes variances us relevant legislative history confirms provision enacted part protect act stat aimed prohibiting district courts considering postsentencing developments rather meant ensure guidelines system particular departure reversed appeal district impose sentence remand basis different departure see conf pp noting protect act inter alia prevent sentencing courts upon remand imposing illegal departure different theory like provisions invalidated booker purpose make guidelines sentencing even mandatory recognized booker purpose ceased relevant ibid award good time credit bureau prisons bop affect length sentence rather administrative reward provide incentive prisoners institutional disciplinary regulations barber thomas slip quoting alteration original credits may revoked time date prisoner release see contrast imposition reduced sentence based postsentencing rehabilitation changes terms imprisonment recognizes defendant conduct since initial sentencing warrants less severe criminal punishment brief imposed sentence may modified limited circumstances see amicus points two procedural mechanisms may shorten defendant sentence early termination term supervised release see potential sentencing reductions based postsentencing substantial assistance see fed rule crim proc neither presents adequate substitute district consideration postsentencing rehabilitation supervised release follows term imprisonment serves entirely different purpose sentence imposed see johnson supervised release fulfills rehabilitative ends distinct served incarceration rule departures address postsentencing cooperation government postsentencing rehabilitation generally thus defendant nothing offer government gain benefit rule indeed defendants longer period time initial custody trial trial sentencing defendants particularly released bail greater opportunity demonstrate postoffense presentencing rehabilitation even booker lower courts uniformly held evidence rehabilitation provide basis departing applicable guidelines see ussg app amdt epartures based extraordinary rehabilitative efforts prior sentencing allowed every circuit ruled matter course mean imply district must reduce defendant sentence upon showing postsentencing rehabilitation mean preclude courts appeals issuing limited remand orders appropriate cases may render evidence postsentencing rehabilitation irrelevant light narrow purposes remand proceeding see bernardo sanchez event appeals recognized neither pepper ii pepper iii held percent downward departure reasonable departure sentencing grant pepper substantial assistance rather issue opinions actually decided downward departure abuse discretion footnotes agree law case doctrine control pepper resentencing see ante pepper also stated understood statutory minimum government making promises exceptions footnotes insofar permitted sentencing judge consider evidence postsentencing rehabilitation provision effectively modified subsequent enactment sentencing reform act instructed sentencing commission adopt guidelines policy statements avoid unwarranted sentencing disparities see also provided sentencing courts shall consider pertinent policy statement