InTheWeeds

Blakely, Booker, Fanfan Follow Up

Rather than post the whole decision I have summarized from the Booker/Fanfan ruling. In a nutshell it says two things, deviations from the sentencing rules is a violation of the sixth amendment. Secondly because the sentencing rules were mandatory they violated a fundamental of the judicial system by taking sentencing power away from the judge and giving it to the prosecutor which was not and should not have been an intention of Congress when the rules were established.

The government was smart when they chose the two cases. Booker of course was a case where his sentence was enhanced significantly, above the statutory maximum, but Fanfan was sentenced for less than the rules required. Both were found illegal and remanded back to the district courts for resentencing. Booker will get his sentence reduced but it is very likely that Fanfan will get his increased!

The remedy for the two problems (violation of the Sixth Amendment and the subversion of the traditional judicial system of bench holding the decision authority) was set out in two parts. The court set out that it was Congress’ intent to allow mitigating information to be presented to the court for the judge to make the sentencing decision and to somewhat standardize sentences.. It also said that it was not Congress’ intend to violate the Sixth Amendment. In order to remedy the two problems the court changed the ‘RULES’ to ‘GUIDELINES’. Thus the judge should seriously take into consideration the guidelines but cannot be held to them as requirements. So the pre-sentencing report will still take place but if the judge uses that information to increase the sentence, it will be increased on the charge that was convicted or plead to, not seen as additions that should or could have been interpreted as additional charges for which the person has not been convicted or plead to.

For the whole ruling go to www.supremecourtus.gov and look under recent rulings for Booker.

LivingTheDream

posted by livingthedream @ 7:27 PM