United States v. Booker

*272Justice Stevens, with whom Justice Souter joins, and with whom Justice Scalia joins except for Part III and footnote 17,

dissenting in part.

Neither of the two Court opinions that decide these cases finds any constitutional infirmity inherent in any provision of the Sentencing Reform Act of 1984 (SRA) or the Federal Sentencing Guidelines. Specifically, neither 18 U. S. C. § 3553(b)(1) (Supp. IV), which makes application of the Guidelines mandatory, nor § 3742(e) (2000 ed. and Supp. IV), which authorizes appellate review of departures from the Guidelines, is even arguably unconstitutional.…