explaining that, in connection with sentencing, a trial court “must be permitted to consider any and all information that reasonably might bear on the proper sentence for the particular defendant,” since “highly relevant — if not essential — to [the court’s] selection of an appropriate sentence is the possession of the fullest information possible concerning the defendant’s life and characteristics”
How later courts described this case
- explaining that, in connection with sentencing, a trial court “must be permitted to consider any and all information that reasonably might bear on the proper sentence for the particular defendant,” since “highly relevant — if not essential — to [the court’s] selection of an appropriate sentence is the possession of the fullest information possible concerning the defendant’s life and characteristics”
- explaining that, “after retrial and conviction follow‐ ing a defendant’s successful appeal, a sentencing authority may justify an increased sentence by affirmatively identify‐ ing relevant conduct or events that occurred subsequent to 30 the original sentencing proceedings”
- holding a district court “may justify an increased sentence by affirmatively identifying relevant conduct or events that occurred subsequent to the original sentencing proceedings” (emphasis added)
- noting that “the judge informed the parties that, although he did not consider pending charges when sentencing a defendant, he always took into account prior criminal convictions. This, of course, was proper; indeed, failure to do so would have been inappropriate” (emphases in original)
Written by the judges who cited it.
The opinion
Justice Brennan,
with whom Justice Marshall joins, concurring in the judgment.
Substantially for the reasons expressed by Justice Powell in his separate opinion, I concur in the judgment.