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United States v. Booker Certiorari to the United States Court of Appeals for the Seventh Court
Publication year:
2005
| Cataloged on:
Oct. 31, 2006
ANNOTATION: Access to a syllabus in which the U.S. Supreme Court concludes that the "Sixth Amendment as construed in Blakely applies to the Federal Sentencing guidelines" can found at this website. The Seventh Circuit Court "held that the sentence [increased by a judge] violated the Sixth Amendment and instructed the District Court either to sentence Booker within the sentencing range supported by the jury's findings or to hold a separate sentencing hearing before a jury" which the Supreme Court affirmed (p. 1). This judgment also contained No. 04-105, United States v. Fanfan, which involved a District Judge who would not extend a sentence beyond the time set by the jury. The U.S. Government filed a notice of appeal which the Supreme Court vacated. Both cases were remanded.