Criminal Procedure keyed to Kamisar
United States v. Booker
Following sentencing guidelines, a federal district court judge enhanced Booker’s sentence based on the facts the judge determined. Booker appealed the enhancement as in violation of his Sixth Amendment rights. In another case, according to sentencing guidelines, Fanfan could have been given an enhanced sentence, but the judge decided not to enhance, due to Supreme Court case law tat rules the Sixth Amendment right to trial by jury requires judges to use only the fact proved to a jury to increase a sentence beyond the standard range. In that case, the government sought an appeal, and both cases were consolidated for decision.
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Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
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Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
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