The enhancement for the drug possession and obstruction of justice (U.S.S.G. Under the Federal Sentencing Guidelines, that increased the defendant's base offense level from 32 to 36 (U.S.S.G. Īt sentencing, the judge found by a preponderance of the evidence that the defendant (1) distributed 566 grams over and above the 100 grams that the jury had to have found and (2) had obstructed justice. Federal law provided for a statutory sentence of ten years to life in prison. In 2003, a jury in the United States District Court for the Western District of Wisconsin found Booker guilty of possessing with intent to distribute at least 50 grams of cocaine base. BOOKER STATS CRACKHe later gave a written statement to the police that admitted to selling an additional 566 grams of crack cocaine. In 2003, Freddie Joe Booker was arrested after police officers found 92.5 grams of crack cocaine in his duffel bag. 2.2.2 Which Parts of the Statute Should Be Excised?.2.2.1 Why the Jury Factfinding Requirement Is Not Compatible with the Guidelines Scheme.New Jersey in which the Court held that except for a prior conviction, any fact that increases the defendant's punishment above the statutory maximum punishment must be submitted to a jury and proved beyond a reasonable doubt. Washington, in which the Court had imposed the same requirement on a guidelines sentencing scheme employed in Washington state. The ruling was the direct consequence of the Court's ruling six months earlier in Blakely v. 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 it directed federal appeals courts to review criminal sentences for "reasonableness," which the Court left undefined. In its majority decision, the Court struck down the provision of the federal sentencing statute that required federal district judges to impose a sentence within the United States Federal Sentencing Guidelines range, along with the provision that deprived federal appeals courts of the power to review sentences imposed outside the range. The maximum sentence that a judge may impose is based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt. BOOKER STATS TRIALThe 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 exceeding the prescribed statutory maximum sentence, whether the defendant has pleaded guilty or been convicted at trial. 220 (2005), is a United States Supreme Court decision on criminal sentencing. Stevens, joined by Souter Scalia (in part)īreyer, joined by Rehnquist, O'Connor, Kennedy Stevens, joined by Scalia, Souter, Thomas, Ginsburgīreyer, joined by Rehnquist, O'Connor, Kennedy, Ginsburg
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