• What Happens Now? Sentencing in Antitrust Cases After Booker
  • March 7, 2005 | Author: Stephen J. Squeri
  • Law Firm: Jones Day - Cleveland Office
  • On January 12, 2005, the United States Supreme Court handed down its much-anticipated decision in United States v. Booker and held that the mandatory scheme of the Federal Sentencing Guidelines (the "Sentencing Guidelines" or "Guidelines"), when coupled with its reliance upon judicial fact finding, is not compatible with the guarantees of the Sixth Amendment to the U.S. Constitution. This decision follows the ruling handed down last summer by the Supreme Court in Blakely v. Washington in which the Court invalidated a state court sentence imposed pursuant to the Washington Sentencing Reform Act.