Los Angeles Federal Criminal Defense Lawyer - Home Los Angeles Federal Crimes Defense Attorney Profile How the Federal System Works Contact an LA Federal Criminal Defense Lawyer
Recent Posts
Categories
Archives
ATTORNEY REFERRAL PROGRAM
Antitrust Violations
Bankruptcy Fraud
Bribery
Child Pornography
Computer Crimes
Conspiracy
Consumer Fraud
Counterfeiting
Drug Cultivation
Drug Manufacturing
Drug Smuggling
Drug Trafficking
Embezzlement
Extortion
Federal Drug Crimes
Federal Property Crimes
Forgery
Gang Crimes
Hate Crimes
Healthcare Fraud
Identity Theft
Immigration Violations
Internet Crimes
Insider trading
Insurance Fraud
Kidnapping
Mail/Wire Fraud
Medicade Fraud
Medicare Fraud
Money Laundering
Mortgage Fraud
Public Corruption
Real Estate Fraud
RICO Charges
Tax Evasion
Weapons Charges
White Collar Crimes
Booker Case
Federal Sentencing Guidelines
Sentencing Guideline Adjustments
Downward Departure
Receiving a Lower Sentence
Crime Outside Heartland of Guideline
Your Role in the Offense
Your Criminal History
Metropolitan Detention Center
Los Angeles Federal Criminal Attorneys
Click here to read more information about our firm

United States v. Booker

 
« Welcome to our Los Angeles Federal Crimes Blog | Main  | Man Sentenced to Over 14 Years in Prison for Running a Telemarketing Scheme »
  United States v. Booker

United States v. Booker, was a United States Supreme Court decision that had to do with criminal sentencing. The court's decision was that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury can be used to calculate a sentence, whether the defendant has pleaded guilty or been convicted at trial. The maximum sentence a judge may impose is a sentence based upon the facts admitted by the defendant or proved to a jury beyond a reasonable doubt.

The provision of the federal sentencing statute that required federal district judges to impose a sentence within the Federal Guidelines range was struck down by the Court in a split-majority ruling. This ruling was a result of a ruling made six months earlier in Blakely v. Washington, in which the Court had imposed the same requirement on a guidelines sentencing scheme that was used in the state of Washington. The Blakely decision came from Apprendi v. New Jersey, where the Court held that, except for prior convictions, any fact that increases the defendant's punishment above the statutory maximum punishment had to be presented to a jury and proved beyond a reasonable doubt.

In modern sentencing, the "statutory maximum"  is the greatest sentence the judge can impose based solely on the jury's factfinding. If any facts are presented exposing the defendant to punishment above the guideline range, they must be submitted to a jury and be proven beyond a reasonable doubt.

If you have been charged with, or are under investigation for, any federal crime contact our office today. The skilled federal crimes attorneys at the Hedding Law firm have a combined 75 years of experience, we will give your unique case the attention, resources, and dedicated legal counsel that it deserves. 

Categories: Federal Crimes

Posted By Admin on November 04, 2010 12:18 pm | Permalink 
Los Angeles Federal Criminal Defense Attorney
Los Angeles Criminal Defense Lawyer
Contact Hedding Law Firm 
Site Map

Attorney Web Design The information on this Los Angeles, California Federal Criminal Defense Attorney / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Address: 16000 Ventura Boulevard, Penthouse, Suite 1208   Encino, California 91436   Phone: 818-986-2092
Administration