Legal Opinion

United States v. Booker

Supreme Court of the United States

Decided October 1, 2004No. 04-104PublishedCited by 15,549 opinions

1Opinion of the CourtJustice Stevens

delivered the opinion of the Court in part.*

The question presented in each of these cases is whether an application of the Federal Sentencing Guidelines violated the Sixth Amendment. In each case, the courts below held that binding rules set forth in the Guidelines limited the severity of the sentence that the judge could lawfully impose on the defendant based on the facts found by the jury at his trial. In both cases the courts rejected, on the basis of our decision in Blakely v. Washington, 542 U. S. 296 (2004), the Government’s recommended application of the Sentencing Guidelines because…

2Cases cited38 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Pierce v. UnderwoodSupreme Court of the United States · 1988
  5. Ring v. ArizonaSupreme Court of the United States · 2002

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3Cited by15,549 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Alleyne v. United StatesSupreme Court of the United States · 2013
  4. Kimbrough v. United StatesSupreme Court of the United States · 2007
  5. State v. FosterOhio Supreme Court · 2006

15,544 more not listed; retrieve them via the Exa API.

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