Under the 2005 US Supreme Court rulings on US v. Booker and US v. Fanfan what can no longer be considered under the federal sentencing guidelines?

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1171076

2026-07-29 09:51

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Other than the existence of a prior conviction, ANY aggravating fact that increases the defendant's punishment above the statutory maximum under the guidelines must be submitted to a jury and proved beyond a reasonable doubt - it cannot be considered by a judge.

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