United States v. Booker; United States v. Fanfan
- Case Date: 9/21/2004
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On January 12, 2005, the U.S. Supreme Court struck down the federal Sentencing Guidelines, ruling that the Guidelines violate the Sixth Amendment right to trial by jury by permitting judges to impose sentences based on aggravating factors not found by a jury beyond a reasonable doubt. The decision was a victory for WLF, which filed a brief in opposition to the Sentencing Guidelines. The result is that the guidelines are now merely advisory rather than mandatory. WLF hailed the decision as welcome news to many business people who have been unfairly prosecuted for minor regulatory offenses and given draconian prison sentences under the strict guidelines. Judges will now be afforded the discretion to impose more appropriate sentences in such cases.
More Information and Downloads:
9/21/2004: Download the Brief
Litigation Update: Supreme Court Rules That Sentencing Guidelines Should Be Guidelines