UNITED STATES v. BOOKER

No. 04-104.

543 U.S. 220 (2005)

UNITED STATES v. BOOKER

Supreme Court of United States.

Decided January 12, 2005.


Attorney(s) appearing for the Case

Acting Solicitor General Clement argued the cause for the United States in both cases. With him on the brief were Assistant Attorney General Wray, Deputy Solicitor General Dreeben, James A. Feldman, Dan Himmelfarb, and Nina Goodman.

T. Christopher Kelly argued the cause for respondent in No. 04-104. With him on the brief was Dean A. Strang. Rosemary Curran Scapicchio argued the cause for respondent in No. 04-105. With her on the brief were Carter G. Phillips, Jeffrey T. Green, Eric A. Shumsky, and Martin G. Weinberg.

STEVENS, J., delivered the opinion of the Court in part, in which SCALIA, SOUTER, THOMAS, and GINSBURG, JJ., joined. BREYER, J., delivered the opinion of the Court in part, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, and GINSBURG, JJ., joined, post, p. 244. STEVENS, J., filed an opinion dissenting in part, in which SOUTER, J., joined, and in which SCALIA, J., joined except for Part III and footnote 17, p. 272. SCALIA, J., p. 303, and THOMAS, J., p. 313, filed opinions dissenting in part. BREYER, J., filed an opinion dissenting in part, in which REHNQUIST, C. J., and O'CONNOR and KENNEDY, JJ., joined, p. 326.


JUSTICE 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...

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