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What Blakely Decision Would Affect The Federal Guidelines

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The question of how Blakely decision would affect the federal Guidelines were answered six months later in the Supreme Court decision of Booker. When Blakely case was heard in the Supreme Court, Booker was convicted of controlled substances offenses. Under the sentencing Guidelines, Booker faced a sentencing range between 210 to 262 months for having in possession 92.5 grams of crack cocaine with the intent to sell (Bloom, 2005; Lynch, 2005). The jury found Booker guilty on both offenses. The trial court after post-trial sentencing proceeding decided by a preponderance of the evidence that Booker sold 566 grams which resulted in an offense level of 36 plus two level enhancement applied for obstruction of justice of a total base level of 38, a sentencing range 360 months to life imprisonment (Bloom, 2005; Boone, 2007; Lynch, 2005). The sentencing judge was mandated under the Guidelines to apply the post-trial findings to sentence Booker between 360 months to life imprisonment (United States v. Booker, 375 F.3d 508; Bloom, 2005; Boone, 2007; Lynch, 2005). The judge imposed a sentence of 30 years. Booker appealed his sentence to the 7th Circuit Court on the basis that the trial judge imposing the new sentencing violated his right to a trial by jury. The 7th Circuit affirmed Booker’s conviction and remanded the case for resentencing (United States v. Booker, 375 F.3d 508, (2004); Bloom, 2005). The Department of Justice appealed the 7th Circuit ruling to the Supreme Court,
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