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BLAKELY v. WASHINGTON

No. 02-1632.

542 U.S. 296 (2004)

BLAKELY v. WASHINGTON

Supreme Court of United States.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Jeffrey L. Fisher argued the cause and filed briefs for petitioner.

John D. Knodell III argued the cause and filed a brief for respondent.

Deputy Solicitor General Dreeben argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General Wray, Matthew D. Roberts, and Nina Goodman.*

SCALIA, J., delivered the opinion of the Court, in which STEVENS, SOUTER, THOMAS, and GINSBURG, JJ., joined. O'CONNOR, J., filed a dissenting opinion, in which BREYER, J., joined, and in which REHNQUIST, C. J., and KENNEDY, J., joined except as to Part IV-B, p. 314. KENNEDY, J., filed a dissenting opinion, in which BREYER, J., joined, p. 326. BREYER, J., filed a dissenting opinion, in which O'CONNOR, J., joined, p. 328.

JUSTICE SCALIA delivered the opinion of the Court.

Petitioner Ralph Howard Blakely, Jr., pleaded guilty to the kidnaping of his estranged wife. The facts admitted in his plea, standing alone, supported a maximum sentence of 53 months. Pursuant to state law, the court imposed an "exceptional" sentence of 90 months after making a judicial determination that he had acted with "deliberate cruelty." App. 40, 49. We consider whether...

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