United States v. Booker

United States v. Booker and United States v. Fanfan were a pair of cases case decided together by the United States Supreme Court dealing with the constitutionality of the Federal Sentencing Guidelines. Following the Supreme Court's decision in Blakely v. Washington http://a257.g.akamaitech.net/7/257/2422/24june20041200/www.supremecourtus.gov/opinions/03pdf/02-1632.pdf, holding Washington State's sentencing guidelines unconstitutional, much speculation existed as to the continued viability of the Federal guideline system, which is very similar in design. The Booker decision, in an interesting opinion featuring shifting majorities, held that the Federal Guidelines were unconstitutional as currently applied. However, instead of requiring that every enhancement be plead to by the defendant or proven by the Government beyond a reasonable doubt, the Supreme Court held that the entire guideline system was now simply advisory, and that federal judges could sentence outside the (previously mandatory) guideline ranges for any offense after considering the Guideline range and factors enumerated in 18 U.S.C. § 3553.

Related Topics:
United States Supreme Court - Federal Sentencing Guidelines - Blakely v. Washington

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