dillon argued march decided june petitioner dillon convicted inter alia crack powder cocaine offenses produced base offense level guidelines range months imprisonment sentenced bottom range counts sentencing commission amended guidelines reduce base offense level associated quantity crack cocaine ussg supp app amdt made amendment retroactive ussg supp app amdt dillon moved sentence reduction provision authorizes district reduce otherwise final sentence pursuant guidelines amendment reduction consistent commission policy statements relevant policy statement ussg precludes reducing sentence term less minimum amended guidelines range except limited circumstances addition reduction authorized amendment dillon sought variance amended guidelines range contending booker authorized exercise discretion district imposed sentence bottom revised range declined grant reduction finding booker inapplicable proceedings concluded commission directives constrained impose sentence within amended guidelines range third circuit affirmed held booker holdings apply proceedings therefore require treating advisory pp statute text narrow scope belie dillon characterization proceedings resentencing proceedings governed principles sentencing proceedings instead authorizes limited adjustment otherwise final sentence conclusion supported substantial role congress gave commission respect proceedings charging determining whether extent guidelines amendment retroactive authorizing grant reduction consistent applicable policy statements issued sentencing commission section establishes inquiry must determine scope reduction authorized consider whether authorized reduction warranted according applicable factors step one must follow commission instructions impose term imprisonment within amended guidelines range unless sentencing originally imposed sentence reference appropriate step two provision transform proceedings plenary resentencing proceedings pp given limited scope purpose proceedings section implicate booker section represents congressional act lenity intended give prisoners benefit later enacted adjustments judgments reflected guidelines taking original sentence given facts found judge proceeding serve increase prescribed range punishment instead affect judge exercise discretion within range exercise contravene sixth amendment even informed facts apprendi new jersey thus dillon sixth amendment rights violated district adherence instruction consider reduction within amended guidelines range dillon argument booker remedial opinion nonetheless requires guidelines treated advisory proceedings unpersuasive given proceedings readily distinguishable sentencing proceedings pp also rejected dillon argument district corrected mistakes original sentence namely booker error resulting initial sentencing treatment guidelines mandatory alleged error calculation category aspects dillon sentence affected guidelines amendment outside scope proceeding district properly declined address pp affirmed sotomayor delivered opinion roberts scalia kennedy thomas ginsburg breyer joined stevens filed dissenting opinion alito took part decision case percy dillon petitioner writ certiorari appeals third circuit june justice sotomayor delivered opinion federal generally may modify term imprisonment imposed congress provided exception rule case defendant sentenced term imprisonment based sentencing range subsequently lowered sentencing commission circumstances authorizes reduce term imprisonment reduction consistent applicable commission policy statements policy statement governing proceedings instructs courts reduce term imprisonment minimum amended sentencing range except extent original term imprisonment range applicable see sentencing commission guidelines manual ussg case presents question whether decision booker rendered guidelines advisory remedy sixth amendment problems associated mandatory sentencing regime requires treating nonbinding conclude booker demand result sentencing reform act sra act stat established sentencing commission authorized promulgate sentencing guidelines issue policy statements regarding guidelines application see act also charged commission periodically reviewing revising guidelines see revision reduces guidelines range given offense commission must determine circumstances amount sentences prisoners serving terms imprisonment offense may reduced enacted sra made sentencing guidelines binding see booker except limited circumstances district courts lacked discretion depart guidelines range see burns regime facts found judge preponderance evidence often increased mandatory guidelines range permitted judge impose sentence greater supported facts established jury verdict guilty plea see booker held booker treating guidelines mandatory circumstances violated sixth amendment right criminal defendants tried jury every element offense proved government beyond reasonable doubt remedy constitutional problem rendered guidelines advisory invalidating two provisions sra supp iv generally required sentencing impose sentence within applicable guidelines range ed supp iv prescribed standard review appeal including de novo review guidelines departures two sections excised statutory two sections consequently invalidated held remainder act satisfies constitutional requirements ibid booker thus left intact provisions sra including giving commission authority revise guidelines ed determine extent revision retroactive respect offenses sentencing guidelines establish defendant base offense level according type weight drug see ussg commission first promulgated guidelines adopted ratio selected congress setting mandatory minimum sentences abuse act stat framework commission treated every gram crack cocaine equivalent grams powder cocaine kimbrough commission later sought alleviate disparity produced ratio several failed attempts reform see commission amended guidelines reduce two levels base offense level associated quantity crack cocaine see ussg supp app amdt effective commission made amendment retroactive see amdt effective mar commission makes guidelines amendment retroactive authorizes district reduce otherwise final sentence based amended provision reduction must consistent applicable policy statements issued sentencing commission relevant policy statement ussg instructs courts proceeding substitute amended guidelines range leav ing guideline application decisions unaffected may grant reduction within amended guidelines range determines one warranted considering factors set forth section extent applicable except limited circumstances however forecloses acting reducing sentence term less minimum amended guideline range ii jury convicted petitioner percy dillon conspiracy distribute possess intent distribute grams powder cocaine grams crack cocaine violation possession intent distribute grams powder cocaine violation use firearm relation offense violation dillon convictions exposed statutory sentencing range years life conspiracy years cocaine possession mandatory minimum sentence years firearm offense served consecutively sentence drug offenses sentencing district made additional findings fact concluded dillon responsible kilograms crack kilograms powder cocaine ussg drug quantities produced base offense level offsetting adjustments acceptance responsibility reckless endangerment flight dillon total offense level remained coupled category offense level produced guidelines range months imprisonment drug counts sentenced dillon bottom guidelines range counts followed mandatory sentence firearm count total sentence months imprisonment dillon sentencing described term imprisonment entirely high crime dillon committed app perceiving basis departing sentencing guidelines district felt constrained impose sentence within prescribed range appeals third circuit affirmed dillon convictions sentence appeal see sentencing commission made amendment guidelines retroactive dillon filed pro se motion sentence reduction pursuant motion dillon asked grant reduction authorized amendment also reduction consistent sentencing factors found based largely postsentencing conduct including determined pursuit educational opportunities dillon contended variance amended guidelines range warranted case urged booker authorized grant variance amended guidelines range advisory notwithstanding contrary statement district reduced dillon sentence months term bottom revised guidelines declined go concluding sentencing proceedings issue booker readily distinguishable found booker holdings inapplicable instant proceeding accordingly held lacked authority impose sentence inconsistent third circuit affirmed noted codified different section provisions invalidated booker contains provisions finding indication booker obviate congressional directive sentence reduction pursuant section consistent sentencing commission policy statements third circuit held binding therefore agreed district lacked authority reduce dillon sentence amended guidelines range granted certiorari consider booker applicability proceedings iii judgment conviction includes sentence imprisonment constitutes final judgment may modified district except limited circumstances section establishes exception general rule finality case defendant sentenced term imprisonment based sentencing range subsequently lowered sentencing commission pursuant made retroactive pursuant cases congress authorized courts reduce term imprisonment considering factors set forth section extent applicable reduction consistent applicable policy statements issued sentencing commission characterizing proceedings resentencing proceedings dillon contends practical functional difference resentencing pursuant resentencing brief petitioner accordingly dillon urges principles govern sentencing proceedings likewise govern proceedings courts authority vary revised guidelines range consistent see kimbrough dillon cites support view instruction consider factors determining whether sentence reduction warranted dillon approach booker preclude commission issuing policy statement generally forecloses sentences proceedings ussg purports dillon thus asks us excise mandatory language treat provision advisory offending statutory provisions booker language belies dillon characterization proceedings section terms authorize sentencing resentencing proceeding instead provides modif ication term imprisonment giving courts power reduce otherwise final sentence circumstances specified commission compare referring sentence modification provisio authorizing courts appeals remand sentencing upon finding error establishing terms sentencing upon remand describing proceeding resentenc ing capitalization omitted also notable provision applies limited class prisoners namely whose sentence based sentencing range subsequently lowered commission section text together narrow scope shows congress intended authorize limited adjustment otherwise final sentence plenary resentencing proceeding substantial role congress gave commission respect proceedings supports conclusion sra charges commission deciding whether amend guidelines determining whether extent amendment retroactive power thus depends first instance commission decision amend guidelines make amendment retroactive also constrained commission statements dictating amount sentence prisoner serving term imprisonment affected amendment may reduced see also braxton noting commission implemented power read context reference undermine narrow view proceedings former provision section instructs district conside factors set forth section extent applicable authorizes reduction basis reduction consistent applicable policy statements issued sentencing commission namely statute thus establishes inquiry must first determine reduction consistent may consider whether authorized reduction warranted either whole part according factors set forth following approach district proceeding impose new sentence usual sense step one requires follow commission instructions determine prisoner eligibility sentence modification extent reduction authorized specifically requires begin determin ing amended guideline range applicable defendant relevant amendment effect time initial sentencing making determination shall substitute amendments listed subsection corresponding guideline provisions applied defendant sentenced shall leave guideline application decisions unaffected ibid consistent limited nature proceedings also confines extent reduction authorized courts generally may reduce defendant term imprisonment term less minimum amended guideline range produced substitution sentencing originally imposed term imprisonment guidelines range authorize proceeding impose term comparably amended range step two inquiry instructs consider applicable factors determine whether discretion reduction authorized reference policies relevant step one warranted whole part particular circumstances case reference appropriate second step circumscribed inquiry serve transform proceedings plenary resentencing proceedings understanding narrow exception rule finality finds support outside statute federal rule criminal procedure requires defendant present sentencing see rule excludes requirement proceedings involv correction reduction sentence rule rule like rule delineates limited set circumstances sentence may corrected reduced specifically authorizes correct sentence resulted arithmetical technical clear error within days sentencing rule authorizes reduction substantial assistance government motion rule rule therefore sets proceedings authorized rule apart sentencing proceedings given limited scope purpose conclude proceedings section implicate interests identified booker notably proceedings authorized constitutionally compelled aware constitutional requirement retroactivity entitles defendants sentenced term imprisonment benefit subsequent guidelines amendments rather represents congressional act lenity intended give prisoners benefit later enacted adjustments judgments reflected guidelines viewed way proceedings implicate sixth amendment right essential facts found jury beyond reasonable doubt taking original sentence given facts found judge proceeding serve increase prescribed range punishment instead affect judge exercise discretion within range udges country long exercised discretion nature imposing sentence within established limits individual case exercise discretion contravene sixth amendment even informed facts apprendi new jersey emphasis original proceedings give judges circumscribed discretion encroachment judge upon facts historically found jury threat jury domain bulwark trial state accused oregon ice slip accordingly dillon sixth amendment rights violated district adherence instruction consider reduction within amended guidelines range dillon contends even implicate constitutional rights vindicated booker something dissent appears concede remedial aspect decision applies proceedings section requires guidelines treated advisory proceedings sentencing proceedings support position dillon invokes ninth circuit reasoning hicks relying rejection booker remedy made guidelines advisory certain cases namely treating binding run afoul sixth amendment see ninth circuit held booker precludes treating guidelines mandatory purposes advisory contexts see hicks argument unpersuasive incomplete remedy rejected booker required courts treat guidelines differently similar proceedings leading potentially unfair results considerable administrative challenges see already explained proceedings authorized readily distinguishable sentencing proceedings given substantially different purpose circumscribed nature proceedings section requiring courts honor instruction depart amended guidelines range proceedings create none confusion unfairness led us booker reject government argument partial fix dissent contrary conclusion rests two erroneous premises first dissent ignores fundamental differences sentencing proceedings asserts without explanation othing turns distinction post reasons stated statutory differences proceedings highly significant second dissent gives short shrift fact booker commission retains least authority bind courts congress charged commission determining circumstances amount sentences prisoners affected guidelines amendments may reduced one disputes commission retroactivity determinations made pursuant first part authorization binding see post aspect commission power emphatically undermines dissent insistence guidelines booker completely advisory post moreover dissent criticizes approach leaving commission tiniest sliver lawmaking power post dissent leave commission even smaller less explicable sliver dissecting authority granted reasons conclude neither booker constitutional remedial holding requires result dillon urges iv dillon additionally contends district erred failing correct two mistakes original sentence view district required recalculate defendant sentence thus mistakes committed initial sentencing imposed anew corrected according dillon district instant proceeding corrected booker error resulted initial sentencing treatment guidelines mandatory adjusted category contends erroneously inflated dillon arguments regard premised misunderstanding scope proceedings dispelled noted authorize resentencing instead permits sentence reduction within narrow bounds established commission relevant policy statement instructs proceeding shall substitute amended guidelines range initial range shall leave guideline application decisions unaffected aspects sentence dillon seeks correct affected commission amendment outside scope proceeding authorized district properly declined address foregoing reasons judgment appeals affirmed justice alito took part decision case percy dillon petitioner writ certiorari appeals third circuit june justice stevens dissenting sentencing petitioner percy dillon crack offenses district stated punishment dillon received entirely high crime committed app bound sentencing regime mandatory time judge choice sentence dillon months imprisonment nearly years behind bars judge later explained within discretion sentenced dillon years imprisonment dillon sentenced decision booker judge discretion instead district compelled mete punishment believed grossly disproportionate offense therefore greater necessary meet goals criminal justice system punishment dillon received high part time conviction drug laws punished crack cocaine offenses times severely powder cocaine offenses explains see ante sentencing commission commission proposed partial fix disparity lowering guidelines ranges crack cocaine offenses ratio see sentencing commission guidelines manual supp app amdt ussg effective pursuant congressional mandate see commission made change retroactive individuals like dillon still serving sentences crack cocaine offenses see ussg supp app amdt effective mar although dillon constitutional right obtain benefit commission change undisputed statutory right federal prisoner sentenced term imprisonment based sentencing range subsequently lowered commission may seek sentence reduction consider factors set forth section reduction consistent applicable policy statements issued sentencing commission dillon sought relief sentence reduced sentence still years sentencing judge thought necessary initial matter proceeding dillon alleged circumstances warranted additional reduction light fact sentence greater necessary effectuate goals sentencing system also emphasized model inmate years federal prison however district felt hands tied time ussg purports place mandatory limit extent sentence reduction may order pursuant giving commission statement effect law district denied dillon relief today holds one limited nook sentencing law commission retains power bind judges struck booker view decision treat commission policy statement mandatory command rather advisory recommendation unfaithful booker also dubious constitutional footing permits commission exercise barely constrained form lawmaking authority manifestly unjust therefore hold context sentence modification proceeding district may consider bound applicable policy statements promulgated commission words apply booker remedial holding proceedings although join justice breyer remedial opinion booker nevertheless clear scope applies proceedings initial matter moment booker excise portion crafting remedy time nothing separate apart guidelines general mandatory nature limited district discretion proceeding consequently nothing needed excising relief available consistent commission related policy statement decided booker particular policy statement issue explicit binding prior decision booker guidelines mandatory virtue congressional mandate virtue commission decree see following booker commission policy statement took effect march statement explain fully part ii infra source binding authority proceedings purports effect reinstating mandatory guidelines regime within context sentence modification proceeding commission policy statement explicit congressional mandate makes guidelines ranges binding matter textual analysis divorced judicial precedent certainly reasonable find commission set mandatory limits sentence reductions mistake view take narrow approach question presented case turned blind eye fundamental decision booker useful put booker context deliberations led enactment sentencing reform act et et congress considered rejected proposal made guidelines advisory see mistretta ultimately decision authorize commission issue rules force effect laws generated serious debate constitutionality commission see scalia dissenting resolved constitutional debate commission favor mistretta became apparent next two decades mandatory character guidelines coupled practice judicial factfinding produced host excessively severe sentences also created unacceptable risk depriving defendants constitutional protections see apprendi new jersey holding ther fact prior conviction fact increases penalty crime beyond prescribed statutory maximum must submitted jury proved beyond reasonable doubt ring arizona holding state makes increase defendant authorized punishment contingent finding fact fact matter state labels must found jury beyond reasonable doubt blakely washington holding hen judge inflicts punishment jury verdict alone allow jury found facts law makes essential punishment judge exceeds proper authority citation omitted series cases arrived present understanding determinate sentencing schemes constitutionally infirm mandate enhanced punishments based facts found judge preponderance evidence restoring principles outlined landmark cases winship apprendi progeny fundamentally changed landscape modern sentencing paved way booker booker considered whether sentencing reform act mandatory determinate sentencing scheme infringed right first two opinions held two applications guidelines us violated sixth amendment sentencing judge case imposed severe sentence facts found jury warranted recognized guidelines read merely advisory provisions recommended rather required selection particular sentences response differing sets facts use implicate sixth amendment rejected advisory reading guidelines stood satisfy constitutional guarantees explained fact effect increasing mandatory range must established plea guilty must admitted defendant proved jury beyond reasonable doubt otherwise sentence violate sixth fifth amendment light potential mandatory guidelines sentences violate constitution elect among possible remedies explained dissent second booker opinion remedial one need find constitutional infirmity provision sentencing reform act provide relief defendants booker apply guidelines mandatory fashion future cases long juries allowed decide factual issues raised requests enhanced sentences see stevens dissenting part notwithstanding fact retained guidelines mandatory prescriptive effect manner consonant right nevertheless adopted broad remedy recast guidelines entirety change respond determination mandatory guidelines regime violated sixth amendment neither opinion respect constitutional holding justice breyer remedial opinion contained determination instead decision make guidelines discretionary rested entirely majority judgment congress preferred result either increase jury role making factual findings decision invalidating entire regime congress wrestling sentencing reform act foresee apprendi ring blakely made prediction congress foresight elected respect mandatory sentencing regime openly acknowledged methodology essence follows explain congress likely preferred total invalidation act act sixth amendment requirement engrafted onto congress likely preferred excision act namely act mandatory language invalidation entire act say light today holding compare maintaining act written jury factfinding added dissenters proposed remedy total invalidation statute conclude congress preferred latter compare remedy total invalidation statute conclude congress preferred remedy thus rather maintaining act written jury factfinding added opted alter commission power fundamental way away fixed determinate sentencing regime based mandatory guidelines henceforth commission guide advise federal courts exercise sentencing authority commission bind held follows answer question remedy finding provision federal sentencing statute makes guidelines mandatory supp iv incompatible today constitutional holding conclude provision must severed excised must one statutory section ed supp iv depends upon guidelines mandatory nature modified federal sentencing statute see sentencing reform act sentencing act amended et et makes guidelines effectively advisory requires sentencing consider guidelines ranges see supp iv permits tailor sentence light statutory concerns well see fair way read booker majority remedy eliminated mandatory features guidelines true explicitly severed two specific statutory sections time even whisper suggestion mandatory provision existed clear foregoing discussion booker decisions repeatedly emphasized completely advisory nature guidelines see cunningham california system described justice breyer opinion booker judges longer tied sentencing range indicated guidelines obliged account range along sentencing goals congress enumerated sentencing reform act rita sentencing enjoy benefit legal presumption guidelines sentence apply gall result decision booker guidelines advisory appellate review sentencing decisions limited determining whether kimbrough sum statute still requires give respectful consideration guidelines booker permits tailor sentence light statutory concerns well internal quotation marks citation omitted spears per curiam slip clarify district courts entitled reject vary categorically guidelines based policy disagreement guidelines case law quite clear guidelines longer mandatory binding effect sentencing may presume correct reasonable considers individual sentencing decision light history limited nature proceeding beside point nothing turns whether proceeding best understood resentencing sentence modification procedure relevant dillon right present proceeding ante sentence reduction proceeding may constitutionally compelled ante general reliance booker case see ante odd booker explained belief congress authorized mandatory system cases nonmandatory system others yet precisely system approves today approaching case booker one must ask whether likely fully informed congress created kind commission one endowed vast responsibilities drafting advisory guidelines policy statements also tiniest sliver lawmaking power tie hands district exercise grace think answer obvious ii understanding scope booker remedy reinforced additional consideration commission policy statement today allows binding effect may exceed scope commission powers one disputes congress rejected remedial holding booker wished instead commission rejected booker application purporting give mandatory force policy statement action presses bounds authority congress validly gave commission clear congress authorized commission create type policy statement circumvent decision booker accord quite permissive congressional delegations jurisprudence long congress lay legislative act intelligible principle person body authorized exercise delegated authority directed conform legislative action forbidden delegation legislative power mistretta quoting hampton legislative actions found offend principle years ago upheld constitutionality commission work attack mistretta took sanctuary fact enacting sentencing reform act creating commission congress se forth merely principle minimal standard exercise commission discretion ed commission se specific directives govern particular situations end congress gave commission clear goals specified sentencing ibid prescribed specific tool guidelines system commission use work ibid set limits appropriate guidelines ranges commission promulgate set forth seven factors factors respectively assist commission formulation offense categories establishment categories defendants sentencing purposes explained although congress granted commission substantial discretion formulating guidelines actuality legislated full hierarchy punishment near maximum imprisonment substantial imprisonment imprisonment alternatives stipulated important offense offender characteristics place defendants within categories accordingly concern encroachment aggrandizement animated jurisprudence aroused vigilance pressure inherent within separate branches exceed outer limits power quoting ins chadha justice scalia disagreed argued forcefully congress creation commission pure delegation legislative power therefore abuse separation powers dissenting opinion congress commitment broad policy responsibility institution justice scalia view violated core principle governing system basic policy decisions governing society made legislature although acknowledged mistretta congress permissibly granted substantial powers commission set law policy sentencing generally occasion consider whether spoken sufficient clarity respecting commission authority prescribe sentence reductions question reared head view raises concerns significantly difficult presented mistretta first doubtful congress authorized type policy statement find ussg congress instructed commission promulgate general policy statements regarding application guidelines aspect sentencing sentence implementation view commission purposes set forth section title including appropriate use inter alia various sentence modification provisions envisioned sentencing reform act role policy statements merely inform judge exercise discretion within otherwise mandatory guidelines regime see explaining sentencing judge required take policy statements account deciding sentence impose departure policy statement grounds appeal see also identifying potential use policy statement offe recommendations trea future existing disparities adequately cured guidelines congress reserved binding effect commission guidelines commission promulgate pursuant distinct statutory provision sentencing reform act thus drew basic distinction guidelines bind policy statements advise given distinction significant congress elected use commission power set limitations sentencing modification procedures rather invoking commission guidelines power commission trying use policy statement mandatory effect guideline inverting sentencing reform act original design find provision within authorize commission via policy statement create binding guidelines regime respect type action commission taken certainly provision even approximates detailed prescriptions commission power considered mistretta moreover nothing appear authorize type policy statement also nothing appears authorize commission fiat limit effect decision booker respond booker whether retain mandatory guidelines decision congress congress alone booker expressly left ball congress explaining national legislature equipped devise install long term sentencing system compatible constitution congress judges best federal system justice see also supra congress declined disturb booker five years since issuance demonstrates justice breyer clairvoyant also congress acquiesced discretionary guidelines regime congress silence deprived commission intelligible principle hampton steer consideration appropriate response booker without guidance fear promulgating ussg commission may made type basic policy decisio justice scalia reminded us province legislature mistretta dissenting opinion prior commission overhaul policy statement even applicable policy statement effect decided booker nothing guidelines see supra understood light booker precluded dillon obtaining type discretionary sentence reduction seeks assuming eligible standing dillon way presently two provisions revised contemporaneously commission decision make amendments crack cocaine offense guidelines retroactive question purpose commission amendments policy statement circumvent booker remedy see brief federal public community defenders et al amici curiae describing history promulgation current version end commission disclaimed proceedings constitute full resentencing defendant ussg advised shall reduce defendant term imprisonment policy statement term less minimum amended guideline range determined new range words commission told federal courts guidelines least proceedings remain mandatory binding commission taken upon issuance general policy statement make guidelines mandatory subject jury findings cases either strike act grounds apply remedy booker render statement advisory makes little difference view commission rejected booker remedy single procedure encroachment subtle legislative response booker decision congress make commission iii separate arguments noted decision today may reflect concern contrary holding discourage commission issuing retroactive amendments guidelines owing fear burdening district courts might described subtle threat commission highlighted point amicus brief supporting government brief explains holding dillon introduce uncertainty commission assessments effects retroactivity decisions making decisions difficult weigh ing making guideline amendments retroactive future brief sentencing commission amicus curiae even explanation accurate influence assessment legal question us commission statutory obligation review amend guidelines ranges congress commanded commission shall specify circumstances amendment retroactive indicating substantial amendments receive type retroactive effect see also noted committee expect commission recommend adjusting existing sentences guidelines simply refined way might cause isolated instances existing sentences falling old guidelines minor downward adjustment guidelines words congress left retroactivity decision commission discretion done presumption form retroactive relief appropriate guidelines amendment accept commission ignore obligations withhold retroactive application guidelines reduction simply judge discretion enter sentence proceeding undoubtedly discretionary application guidelines proceedings impose greater burden district courts process require evaluations rather rote reductions commission envisioned made amendment retroactive important remember already requires district consider factors determines whether grant reduction well extent reduction additional consideration evidence proffered justify downward departure need create great deal work indeed need create particular adversarial process commission simply advise district courts review paper submissions including original presentence report objections well new submissions courts intimately familiar sentencing regime discretionary application factors facts dillon case show additional burden courts caused applying booker remedial holding likely pales comparison benefit achieving tailored proportionate sentences individuals currently serving terms imprisonment exceed necessary meet goals sentencing system dillon years old sentenced nearly years imprisonment drug crimes attorney urged district enter sentence inter alia gross disparity sentences crack powder cocaine offenses app take another years agree finally kimbrough sentencing courts consider unjust disparity district constrained guidelines increased dillon sentence based facts years sentence authorized jury verdict see brief petitioner lament personally believe serving months feel bound guidelines feel grounds depart ing guidelines app acknowledged say penalties fair think fair also implored dillon make something hand dealt hope prison take time consider direction life take return society people like spread word young men age hesitate get involved dealing drugs ibid dillon done participated outreach efforts communities imprisoned extensive work adolescents steer away life drugs crime brief petitioner working two universities facilitated initiation studies program hunters point family bay area organization devoted assisting youth also played large role initiating similar program prison facility berkeley prison outreach coordinator stated district without dillon insight advice project succeeded grown way internal quotation marks omitted dillon also prepared successful life returns society obtained general equivalency diploma ged taken vocational classes property management job prospects awaiting upon release government concedes dillon undertaken significant institutional rehabilitation education brief appeals acknowledged booker apply proceedings pursuant dillon likely ideal candidate sentence yet government continue spend year keep dillon behind bars release given circumstances case scarcely think greater waste nation precious resources cf barber thomas ante slip kennedy dissenting way call attention human implications case speak terms economics noted interpretation comes cost taxpayers untold millions dollars dillon continued imprisonment truly sad example come view exceptionally often mindlessly harsh federal punishment scheme iv neither interests justice common sense lends support decision preserve single sliver commission lawmaking power resurrects today thought booker dismantled mandatory guidelines regime finish job respectfully dissent footnotes sentencing commission substantially revised march see ussg supp app amdt effective mar roughly three months district decision case current version relevant guidelines provisions meaningfully different version effect time district decision references opinion current edition guidelines section provides shall impose sentence sufficient greater necessary comply purposes set forth paragraph subsection enumerates several factors shall consider determining appropriate sentence including nature circumstances offense history characteristics defendant probation office based dillon assessment two prior misdemeanor convictions one possession marijuana one resisting arrest dillon object calculation score revised sentence reflects term imprisonment narcotics offenses mandatory consecutive term firearm offense respond dissent discussion see post opinion stevens issue fairly encompassed within questions presented briefed parties ninth circuit subsequently agreed consider en banc booker applicability proceedings see fox matter stayed pending decision case footnotes guidelines manual contains two types provisions guidelines see policy statements see use guidelines opinion refer guidelines described well generally provisions guidelines manual section numbers types provisions enumerated identically within commission guidelines manual effects discussed detail herein different policy statement also contained described fairly limitation amount available sentence reduction see ussg reduction defendant term imprisonment may event exceed number months maximum guideline range applicable defendant lowered part amendment guidelines manual commission deleted provision explaining rather complex subsection unnecessary restriction consideration revised sentence ussg app amdt effective later application note commission indicated amended guideline range limit extent eligible defendant sentence may reduced amdt effective bottom line guidelines mandatory nature effect policy statement made guidelines ranges binding proceeding see stevens concurring slip discussing significant sentencing policy trend involving shift mandatory determinate sentencing schemes based judicial factfinding preponderance standard see also booker opinion breyer approach adopt severance excision two provisions make guidelines system advisory maintaining strong connection sentence imposed offender real conduct connection important increased uniformity sentencing congress intended guidelines system achieve emphasis added congress preferred mandatory system system dissenters envisage finally act without provision related language remains consistent congress initial basic sentencing intent system remaining excision lacking mandatory features congress enacted retains features help objectives emphasis added ibid district courts bound apply guidelines must consult guidelines take account sentencing emphasis added seems however least one additional provision sentencing reform act excised order accomplish remedy section prescribes guidelines binding effect upon remand new sentence direct appeal shall impose sentence outside applicable guidelines range see also spears slip istrict courts entitled vary guidelines case circumstances otherwise justify variance guidelines sentencing range kimbrough government acknowledges guidelines advisory general matter may vary guidelines ranges based solely policy considerations including disagreements scalia concurring district free make reasonable application factors reject due consideration advice guidelines thumb scales guidelines must followed even district application factors entirely reasonable guidelines large expanse application entitle defendant lesser sentence presence certain additional facts found judge rather jury said booker violate sixth amendment gall sentencing may presume guidelines range reasonable government argument along lines less subtle forbid sentencing commission limiting scope section sentence reduction proceedings scope amendments inevitably discourage sentencing commission ever authorizing sentence reductions brief notes agree authorizes commission determine retroactive effect sentence reductions ante understand directing commission prescribe retroactive effect guidelines amendments power make retroactivity determinations meaningfully different however power claims commission granting former power congress instructed commission perform gate keeping function determining individuals eligible relief pursuant contrast power claims commission today type mandatory sentencing authority issue booker contrary conclusion commission booker power bind district setting particular sentence also accept broad understanding power commission derives see ante suffers delegation concerns discussed see supra think commission authority encompasses ability promulgate binding guidelines via policy statements matter separate power promulgate guidelines power unaffected decision booker see hanlon hecker gopstein expanding zones modest proposal increase use alternatives incarceration federal sentencing aba criminal justice pp winter fiscal year cost incarcerate offender federal bureau prisons facility months