United States v. Booker

E167747

United States v. Booker is a landmark 2005 U.S. Supreme Court decision that rendered the Federal Sentencing Guidelines advisory rather than mandatory to preserve their constitutionality under the Sixth Amendment.

All labels observed (2)

How this entity was disambiguated

Statements (51)

Predicate Object
instanceOf United States Supreme Court case
criminal sentencing case
landmark decision
areaOfImpact federal criminal sentencing practice
citation 125 S. Ct. 738
160 L. Ed. 2d 621
543 U.S. 220
constitutionalProvisionInterpreted Due Process Clause
U.S. Constitution, Sixth Amendment
surface form: Sixth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 2005-01-12
dissentBy Anthony M. Kennedy
Antonin Scalia
Clarence Thomas
Sandra Day O’Connor
surface form: Sandra Day O'Connor

William H. Rehnquist
docketNumber 04-104
effectOnLaw Changed standard of appellate review of federal sentences to reasonableness review.
Made the Federal Sentencing Guidelines advisory in federal courts.
Required federal sentencing judges to consider the Guidelines along with other statutory factors in 18 U.S.C. § 3553(a).
fullCaseName United States v. Booker self-linksurface differs
surface form: United States v. Freddie J. Booker
holding Any fact (other than a prior conviction) necessary to support a sentence exceeding the maximum authorized by facts admitted by the defendant or found by a jury must be proved to a jury beyond a reasonable doubt.
Mandatory application of the Federal Sentencing Guidelines violates the Sixth Amendment when sentences are increased based on judge-found facts.
United States Sentencing Guidelines
surface form: The Federal Sentencing Guidelines are advisory rather than mandatory.
joinedByInMeritsMajority Antonin Scalia
Clarence Thomas
David H. Souter
John Paul Stevens
joinedByInRemedialMajority Anthony M. Kennedy
Ruth Bader Ginsburg
Sandra Day O’Connor
surface form: Sandra Day O'Connor

Stephen G. Breyer
William H. Rehnquist
jurisdiction federal courts of the United States
legalSubject U.S. Constitution, Sixth Amendment
surface form: Sixth Amendment

constitutional law
criminal law
federal sentencing guidelines
sentencing law
majorityOpinionBy John Paul Stevens
Stephen G. Breyer
opinionType merits majority opinion
remedial majority opinion
relatedCase Apprendi v. New Jersey
Blakely v. Washington
United States v. Fanfan
subsequentInterpretationBy Gall v. United States
Kimbrough v. United States
Rita v. United States
term October Term 2004

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

Stephen G. Breyer notableCaseParticipation United States v. Booker
United States v. Booker fullCaseName United States v. Booker self-linksurface differs
this entity surface form: United States v. Freddie J. Booker
United States Sentencing Guidelines changedBy United States v. Booker