This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Frank W. Heft, Jr., Esq., according to Frank W. Heft, Jr., Esq., William Freeman was sentenced based on a crack‑cocaine guideline that was later lowered by the United States Sentencing Commission.
According to Solicitor General, the United States argues that every plea negotiation must start with the guideline calculation as the starting point for any departure.
Justice Scalia asked whether sentencing guidelines are mandatory when they are applied in approving a plea agreement.
Justice Breyer asked how the Court should consider the issue pre‑Booker versus post‑Booker.
Background and question before the Court
According to Justice Scalia, the case centers on whether sentencing guidelines are binding on plea agreements.
Justice Breyer asked how the Court should consider the issue pre‑Booker versus post‑Booker.
What each side argues
Petitioner (William Freeman)
Source-limited. The record does not yet support a complete account.
Respondent (United States)
According to Solicitor General, the government maintains that every plea negotiation must begin with the guideline calculation as the starting point for any departure.
According to Respondent (Curtis E. Gannon), according to Respondent (Curtis E. Gannon), when a criminal defendant and the government agree to a specific sentence and that agreement is binding on the sentencing judge by virtue of Rule 11(c)(1)(C), the resulting sentence is based on the parties' agreement, not on the advisory guideline range.
According to Respondent (Curtis E. Gannon), according to Respondent (Curtis E. Gannon), the agreement expressly contemplates that the judge needs to determine the applicable guideline range for purposes of determining what the fine will be.
According to Mr. Gannon (Government), according to Mr. Gannon (Government), even after Booker, a defendant may appeal an error in the application of the guidelines.
According to Mr. Gannon (Government), according to Mr. Gannon (Government), type C plea agreements may contemplate the application of the guidelines, particularly for the fine component.
What happened at oral argument
Chief Justice Roberts asked whether the Court’s opinion would be based on the statute’s language, purpose, and legislative history.
According to Justice Scalia, justice Scalia questioned whether sentencing guidelines are mandatory when a judge approves a plea agreement.
Justice Kennedy asked what would happen on remand if the Court lost the case.
Justice Breyer asked how the Court should take the issue pre‑Booker or post‑Booker.
According to Justice Breyer, justice Breyer requested an answer to his hypothetical to help him think about the issue.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 6eb3260329abdaeea4ea-r1-2f7b7ca9a105c4f4.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.