United States v. Booker, 543 U.S. 220 (2005), was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be used to calculate a sentence, whether the defendant has pleaded guilty or been convicted at trial. The maximum sentence a judge may impose is a sentence based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt.
In a split but majority ruling, the Court struck down the provision of the federal sentencing statute that required federal district judges to impose a sentence within the Federal Guidelines range, along with the provision that deprived federal appeals courts of the power to review sentences imposed outside the Guidelines range. The Court instructed federal district judges to impose a sentence with reference to a wider range of sentencing factors set forth in the federal sentencing statute, and directed federal appeals courts to review criminal sentences for "reasonableness," which the Court left undefined.
This ruling was the direct consequence of the Court's ruling six months earlier in Blakely v. Washington, 542 U.S. 296 (2004), in which the Court had imposed the same requirement on a guidelines sentencing scheme employed in the State of Washington. The Blakely decision arose out of Apprendi v. New Jersey in which the Court held that, except for the fact of a prior conviction, any fact that increases the defendant's punishment above the statutory maximum punishment had to be submitted to a jury and proved beyond a reasonable doubt.
Read more about United States V. Booker: Decision, Freddie Joe Booker, Criticism
Famous quotes containing the words united states, united and/or states:
“The parallel between antifeminism and race prejudice is striking. The same underlying motives appear to be at work, namely fear, jealousy, feelings of insecurity, fear of economic competition, guilt feelings, and the like. Many of the leaders of the feminist movement in the nineteenth-century United States clearly understood the similarity of the motives at work in antifeminism and race discrimination and associated themselves with the anti slavery movement.”
—Ashley Montagu (b. 1905)
“Places where he might live and die and never hear of the United States, which make such a noise in the world,—never hear of America, so called from the name of a European gentleman.”
—Henry David Thoreau (1817–1862)
“If the Union is now dissolved it does not prove that the experiment of popular government is a failure.... But the experiment of uniting free states and slaveholding states in one nation is, perhaps, a failure.... There probably is an “irrepressible conflict” between freedom and slavery. It may as well be admitted, and our new relations may as be formed with that as an admitted fact.”
—Rutherford Birchard Hayes (1822–1893)