Posted by Orin Kerr:
Booker/Fanfan:
[1]SCOTUSblog reports:
The Supreme Court ruled today that the federal Sentencing
Guidelines must satisfy the standards of the Sixth Amendment as
applied in the Court's ruling in Blakely v. Washington. Justice
Stevens wrote an opinion on that point, and Justice Breyer wrote a
separate opinion saying that the Guidelines can no longer be
mandatory, but can continue to operate "in a manner consistent with
congressional intent."
I'll post more later in the day after I have a chance to read the
opinions (which are not yet available online.)
References
1.
http://www.goldsteinhowe.com/blog/archive/2005_01_09_SCOTUSblog.cfm#110554315039839576
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