United States v. Nelson Jimenez

In United States v. Booker, the Supreme Court held that the mandatory application of the Sentencing Guidelines violates the Sixth Amendment where any fact found by a judge (other than a prior conviction) is necessary to support a sentence greater than that authorized by the facts found solely by a jury or admitted by the defendant. 543 U.S. 220, 244, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The Court-fashioned remedy was to excise only those provisions of the Sentencing Reform Act that rendered mandatory the application of the Sentencing Guidelines. Id. at 245. Booker did not purport to rewrite…