Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
543 U.S. 220 *; 125 S. Ct. 738 **; 160 L. Ed. 2d 621 ***; 2005 U.S. LEXIS 628 ****; 73 U.S.L.W. 4056; 18 Fla. L. Weekly Fed. S 70
UNITED STATES, Petitioner v. FREDDIE J. BOOKER; UNITED STATES, Petitioner v. DUCAN FANFAN
Subsequent History: [****1] As Amended, January 24, 2005.
Subsequent appeal at United States v. Booker, 149 Fed. Appx. 517, 2005 U.S. App. LEXIS 21124 (7th Cir. Wis., 2005)
On remand at United States v. Fanfan, 468 F.3d 7, 2006 U.S. App. LEXIS 27563 (1st Cir. Me., Nov. 8, 2006)
Prior History: ON WRIT OF CERTIORARI TO THE UNITED [****2] STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. ON WRIT OF CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.
United States v. Fanfan, 2004 U.S. Dist. LEXIS 18593 (D. Me., June 28, 2004)United States v. Booker, 375 F.3d 508, 2004 U.S. App. LEXIS 14223 (7th Cir. Wis., 2004)
Disposition: Affirmed and remanded and vacated and remanded.
sentencing, Guidelines, cases, invalid, provisions, mandatory, impose sentence, sentencing guidelines, disparities, the Sixth Amendment, sentencing judge, factfinding, enhancements, binding, departures, offender, court of appeals, district court, circumstances, factors, severed, grams, excision, discretionary, jury verdict, determinations, federal sentencing guidelines, standard of review, appellate review, limits
Constitutional Law, Fundamental Rights, Criminal Process, General Overview, Criminal Law & Procedure, Sentencing, Sentencing Guidelines, Imposition of Sentence, Factors, Statutory Maximums, Defendant's Rights, Right to Jury Trial, Trials, Burdens of Proof, Prosecution, Adjustments & Enhancements, Capital Punishment, Aggravating Circumstances, Ranges, Civil Procedure, Judicial Officers, Judges, Discretionary Powers, Jury Trials, Right to Jury Trial, Obstruction of Justice, Obstruction of Administration of Justice, Perjury, Penalties, Separation of Powers, Governments, Legislation, Enactment, Administrative Law, Separation of Powers, Legislative Controls, Criminal History, Case or Controversy, Constitutionality of Legislation, Interpretation, Severability, Presentence Reports, Supervised Release, Appeals, Standards of Review, De Novo Review, Departures From Guidelines, Judicial Review, De Novo Review, Courts, Judges, Proportionality, Plain Error, Harmless & Invited Error, Procedural Defenses, Retroactivity of Decisions