United States v. Wilson

MEMORANDUM ORDER AND OPINION GIVING GREAT WEIGHT TO THE SENTENCING GUIDELINES IN DETERMINING APPROPRIATE SENTENCES

CASSELL, District Judge.

I. INTRODUCTION

Yesterday the Supreme Court handed down its decision in United States v. Booker, 1 finding certain provisions of the Federal Sentencing Guidelines, promulgated pursuant to the Sentencing Reform Act of 1984, 2 unconstitutional. The Court first held that the Guidelines violated the defendant’s Sixth Amendment right to a jury trial because they require judges to find facts which in turn increase a defendant’s sentence beyond what could be…