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United States v. Booker

Docket No.: 04-104
Certiorari Granted: September 1, 2004
Argued: October 4, 2004
Decided: January 12, 2005
Consolidated with: 04-1052


18 U.S.C. App., Criminal Procedure, Federal Rules of Criminal Procedure, Article I, Commerce Clause, Death Penalty, Double Jeopardy, Establishment Clause, Federal Rules of Criminal Procedure, Federal Rules of Evidence, Federal Sentencing Guidelines, Fifteenth Amendment, Fifth Amendment, First Amendment, Hobbs Act, Indians, National Labor Relations Act, Presentment Clause, RICO, Sentencing Guidelines, Sixth Amendment, United States Sentencing Guidelines, abuse of discretion, antitrust, harmless error, harmless-error, judicial review, racial discrimination, sentencing guidelines, separation of powers, stare decisis, trademark

PartyNames: United States v. Freddie J. Booker
Petitioner: United States
Respondent: Freddie J. Booker

Court Below: United States Court of Appeals for the Seventh Circuit
Citation: 375 F3d 508
Supreme Court Docket

United States
Freddie J. Booker
543 U.S. 220 (2005)
Other Citations: 125 S.Ct. 738160 L.Ed.2d 621 (543 U.S. 2
Question Presented:

1. Whether the Sixth Amendment is violated by the imposition of an enhanced sentence under the United States Sentencing Guidelines based on the sentencing judge's determination of a fact (other than a prior conviction) that was not found by the jury or admitted by the defendant. 2. If the answer to the first question is "yes," the following question is presented: whether, in a case in which the Guidelines would require the court to find a sentenceenhancing fact, the Sentencing Guidelines as a whole would be inapplicable, as a matter of severability analysis, such that the sentencing court must exercise its discretion to sentence the defendant within the maximum and minimum set by statute for the offense of conviction.


1.) Does an enhanced sentence under U.S. Sentencing Guidelines based on the judge's determination of a fact violate the Sixth Amendment? 2.) If so, are the Sentencing Guidelines altogether unconstitutional?



United States v. Booker

October 4, 2004

Holding: is affirmed and remanded
Decision: Decision: 5 votes for Booker, 4 vote(s) against
Opinion By:

United States v. Booker
Case Documents

1Opinion in United States v. Booker
2Opinion in United States v. Booker
3Slip Opinion in United States v. Booker (Opinion by )
Additional documents for this case are pending review.