552 U. S. ____ (2007)

DERRICK KIMBROUGH, PETITIONER v.UNITED STATES

on writ of certiorari to the united states court of appeals for the fourth circuit

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Justice Alito, dissenting.

For the reasons explained in my dissent in Gall v. United States, ante, p. ___, I would hold that, under the remedial decision in United States v. Booker, 543 U. S. 220, 258–265 (2005) , a district judge is still required to give significant weight to the policy decisions embodied in the Guidelines. The Booker remedial decision, however, does not permit a court of appeals to treat the Guidelines’ policy decisions as binding. I would not draw a distinction between the Guideline at issue here and other Guidelines. Accordingly, I would vacate the decision of the Court of Appeals and remand for reconsideration.