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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: us supreme court Year: 2005 Page 7 of about 61 results (0.048 seconds)

Jan 12 2005 (FN)

United States Vs. Booker

Court : US Supreme Court

Decided on : Jan-12-2005

united states v. booker - 04-104 (2005) syllabus october term, 2004 united states v. booker supreme court of the united states united states v. booker certiorari to the united states court of appeals for the seventh circuit no. 04 104.argued october 4, 2004 decided january 12, 2005 under the federal sentencing guidelines, the sentence authorized by the jury verdict in respondent booker s drug case was 210-to-262 months in prison. at the sentencing hearing, the judge found additional facts by a preponderance of the evidence. because these findings mandated a sentence between 360 months and life, the judge gave booker a 30-year sentence instead of the 21-year, 10-month, sentence he could have imposed based on the facts proved to the jury beyond a reasonable doubt. the seventh circuit held that this application of the guidelines conflicted with the apprendi v. new jersey, 530 u. s. 466 , 490, holding that [o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. relying on blakely v. washington, 542 u. s. ___, the court held that the sentence 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. in respondent fanfan s case, the maximum sentence authorized by the jury verdict under the .....

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