rita argued february decided june petitioner rita sought sentence lower recommended federal guidelines range months based physical condition likely vulnerability prison military experience judge concluded appropriate sentence months bottom guidelines range affirming fourth circuit observed sentence imposed within properly calculated guidelines range presumptively reasonable held appeals may apply presumption reasonableness district sentence within guidelines pp presumption binding reflect strong judicial deference kind leads appeals grant greater factfinding leeway expert agency district judge reflects nature task congress set sentencing commission commission carries task congress instructed sentencing judge consider offense offender characteristics need sentence reflect basic aims sentencing sentences legally available sentencing guidelines sentencing commission policy statements need avoid unwarranted disparities need restitution statutes tell commission write guidelines carry basic objectives guidelines written reflect fact sentencing commission examined tens thousands sentences help law enforcement community long period effort fulfill statutory mandate also reflect fact judges others differ best reconcile disparate ends punishment resulting guidelines seek embody considerations principle practice fair assume insofar practicable reflect rough approximation sentences might achieve objectives individual sentence reflects sentencing judge determination commission application appropriate mine run cases individual case differ significantly consequently guidelines sentence reflects proper application case hand reasonableness presumption simply recognizes circumstances applies appellate review sentencing enjoy presumption benefit determining merits arguments prosecution defense guidelines sentence apply pp even presumption increases likelihood judge jury find sentencing facts violate sixth amendment sixth amendment cases forbid sentencing take account factual matters determined jury increase sentence accordingly take account sentencing commission factual findings recommended sentences relevant sixth amendment inquiry whether law forbids judge increase sentence unless judge finds facts jury find nonbinding appellate reasonableness presumption guidelines sentences require sentencing judge impose guidelines sentence still less forbid judge impose sentence higher guidelines provide facts standing alone addition general conflict guidelines appellate review purposes alleviated judge commission determine guidelines sentence appropriate case hand sentence likely reflects factors pp district properly analyzed relevant sentencing factors given record ultimate sentence reasonable section calls judge state reasons insist full opinion every case appropriateness brevity length conciseness detail write say depends upon circumstances law leaves much respect judge professional judgment present context sentencing judge articulate enough satisfy appellate considered parties arguments reasoned basis exercising legal decisionmaking authority may say less decision rests upon commission reasoning guidelines sentence proper typical case judge found case typical party presents nonfrivolous reasons imposing different sentence judge normally go explain rejected arguments sentencing judge statement reasons brief legally sufficient record makes clear judge listened rita arguments downward departure considered supporting evidence finding circumstances insufficient warrant sentence lower guidelines range matter conceptually simple record makes clear sentencing judge considered evidence arguments law require judge write extensively pp fourth circuit applying presumption legally correct holding rita sentence unreasonable like district fourth circuit simply say rita special circumstances health fear retaliation military record special enough light require sentence lower one guidelines provide rita argument guidelines sentence reasonable expressly declines consider various personal characteristics physical condition employment record military service raised considered pp fed appx affirmed breyer delivered opinion roberts stevens kennedy ginsburg alito joined scalia thomas joined part iii stevens filed concurring opinion ginsburg joined part ii scalia filed opinion concurring part concurring judgment thomas joined souter filed dissenting opinion victor rita petitioner writ certiorari appeals fourth circuit june justice breyer delivered opinion federal courts appeals review federal sentences set aside find unreasonable see booker several circuits held presume sentence imposed within properly calculated sentencing guidelines range reasonable sentence see fed appx per curiam case see also sentencing commission guidelines manual ussg guidelines important question us whether law permits courts appeals use presumption hold basic crime case concerns two false statements victor rita petitioner made oath federal grand jury jury investigating gun company called interordnance prosecutors believed buyers interordnance kit called ppsh machinegun kit assemble machinegun kit kits consequently amounted machineguns interordnance secured proper registrations importation guns app rita bought ppsh machinegun parts kit rita contacted bureau alcohol tobacco firearms explosives atf agreed let federal agent inspect kit supp app meeting agent rita called interordnance sent back kit subsequently turned atf different kit apparently amount machinegun app supp app investigating prosecutor brought rita grand jury placed oath asked matters rita denied government agent asked ppsh kit also denied spoken soon thereafter ppsh kit someone interordnance app supp app government claimed statements false charged rita perjury making false statements obstructing justice jury trial obtained convictions counts app parties subsequently proceeded sentencing initially probation officer help parties investigating background offenses offender prepared presentence report see fed rules crim proc completed report describes offense characteristics offender characteristics matters might relevant sentence calculates guidelines sentence report also sets forth factors potentially relevant departure guidelines relevant imposition sentence ultimately makes sentencing recommendation based guidelines app respect offense characteristics example report points five counts conviction stem single incident hence pursuant guidelines report calculating recommended sentence groups five counts conviction together treating amounted single serious count among ignoring others see ussg single serious offense rita case perjury relevant guideline instructs sentencing probation officer calculate guidelines sentence perjury respect criminal offense applying guideline accessory fact criminal offense latter guideline says judge calculation purposes take base offense level level levels lower offense level underlying offense emphasis added offense perjury may helped someone commit underlying offense consisted interordnance possible violation machinegun registration law app ussg providing sentence violation importation defense articles without authorization base offense level gun registration crime see ussg six levels less says presentence report base offense level applicable rita purposes guidelines sentence calculation app presentence report next considers rita criminal history rita convicted may sentenced five years probation making false statements connection purchase firearms conviction took place years present offense count rita rita relevant convictions guidelines considered criminal history points ibid report consequently places rita criminal history category lowest category purposes calculating guidelines sentence report goes describe offender characteristics description includes rita personal family data rita physical condition including detailed description ailments rita mental emotional health lack history substance abuse rita vocational nonvocational education rita employment record served armed forces years active duty reserve time received commendations awards medals different kinds report analyzes rita financial condition ultimately report calculates guidelines sentencing range guidelines specify base level criminal history category sentence months imprisonment ibid report adds appears circumstance combination circumstances warrant departure prescribed sentencing guidelines sentencing hearing rita government presented sentencing arguments side addressed report rita argued sentence outside lower recommended guidelines month range judge made clear rita argument lower sentence take either two forms first rita might argue within guidelines framework departure applicable guidelines range ground circumstances present atypical case falls outside heartland sentencing commission intends individual guideline apply ussg second rita might argue independent guidelines application sentencing factors set forth ed supp iv warrants lower sentence see booker thus judge asked rita counsel going put evidence show rita getting downward departure client entitled different sentence get sentencing guidelines app judge later summarized ou asking departure guidelines sentence lower guidelines reasons one vulnerable defendant involved government criminal justice work caused people become convicted criminals prison may retribution two military experience counsel agreed adding rita poor physical condition constituted third reason counsel said rested claim lower sentence ust three special circumstances hysical condition vulnerability prison military service rita presented evidence argument related three factors government asking sentence higher report recommended guidelines range said rita perjury interfered government potential obstruction justice claim interordnance rita former government criminal justice employee known better commit perjury sentencing judge asked questions factor hearing arguments judge concluded unable find report recommended sentencing guideline range inappropriate guideline range public needs protected true must accept true jury verdict concluded finds appropriate enter sentence bottom guidelines range namely sentence imprisonment period months ibid appeal rita argued sentence unreasonable adequately take account defendant history characteristics greater necessary comply purposes sentencing set forth brief appellant pp fourth circuit observed must set aside sentence reasonable circuit stated sentence imposed within properly calculated guidelines range presumptively reasonable added believe appropriate circumstances imposing sentence outside guideline range depend facts individual cases reason doubt sentences continue fall within applicable guideline range fourth circuit rejected rita arguments upheld sentence ibid internal quotation marks omitted rita petitioned writ certiorari pointed circuits split use presumption reasonableness sentences compare dorcely cadc uses presumption green alonzo williams mykytiuk lincoln kristl per curiam en banc use presumption fernandez cooper talley per curiam consequently granted rita petition agreed decide whether circuit may afford presumption reasonableness sentence also agreed decide whether district properly analyzed relevant sentencing factors whether given record district ultimate choice sentence unreasonable ii first question whether appeals may apply presumption reasonableness district sentence reflects proper application sentencing guidelines conclude one thing presumption binding like evidentiary presumption insist one side shoulder particular burden persuasion proof lest lose case raytheon hernandez citing reeves sanderson plumbing products mcdonnell douglas green presumption reflect strong judicial deference kind leads appeals courts grant greater factfinding leeway expert agency district judge rather presumption reflects fact time appeals considering sentence review sentencing judge sentencing commission reached conclusion proper sentence particular case double determination significantly increases likelihood sentence reasonable one presumption reflects nature task congress set commission manner commission carried task instructing sentencing judge commission congress referred basic sentencing objectives statute sets forth ed supp iv provision tells sentencing judge consider offense offender characteristics need sentence reflect basic aims sentencing namely punishment retribution deterrence incapacitation rehabilitation sentences legally available sentencing guidelines sentencing commission policy statements need avoid unwarranted disparities need restitution provision also tells sentencing judge impose sentence sufficient greater necessary comply basic aims sentencing set congressional statutes tell commission write guidelines carry objectives thus indicates one commission basic objectives assure meeting purposes sentencing set forth provision adds commission must seek provide certainty fairness sentencing avoi unwarranted sentencing disparities maintai sufficient flexibility permit individualized sentences warranted mitigating aggravating factors taken account establishment general sentencing practices reflect extent practicable advancement knowledge human behavior later provisions specifically instruct commission write guidelines reference statement purposes statement refers see upshot sentencing statutes envision sentencing judge commission carrying basic objectives one retail wholesale commission made serious sometimes controversial effort carry mandate commission describing efforts refers statutory provisions says tried embody guidelines factors considerations set forth commission introductory statement recognizes congress foresees guidelines basic purposes criminal punishment deterring crime incapacitating offender providing punishment rehabilitating offender ussg intro pt statutory mission adds congress sought uniformity sentencing narrowing wide disparity sentences imposed different federal courts similar criminal conduct well proportionality sentencing system imposes appropriately different sentences criminal conduct different severity ibid basic approach guidelines commentary explains despite considerable disagreement within criminal justice community commission gone writing guidelines intends embody ends says example goals uniformity proportionality often conflict commentary describes difficulties involved developing practical sentencing system sensibly reconciles two ends adds philosophical problem arose commission attempted reconcile differing perceptions purposes criminal punishment emphasize moral culpability punishment others emphasize need crime control rather choose among differing practical philosophical objectives commission took empirical approach beginning empirical examination presentence reports setting forth judges done past modifying adjusting past practice interests greater rationality avoiding inconsistency complying congressional instructions like guidelines written reflect fact sentencing commission examined tens thousands sentences worked help many others law enforcement community long period time effort fulfill statutory mandate also reflect fact different judges others differ best reconcile disparate ends punishment commission work ongoing statutes guidelines foresee continuous evolution helped sentencing courts courts appeals process sentencing courts applying guidelines individual cases may depart either pursuant guidelines since booker imposing sentence judges set forth reasons courts appeals determine reasonableness resulting sentence commission collect examine results may obtain advice prosecutors defenders law enforcement groups civil liberties associations experts penology others revise guidelines accordingly see generally note following commission review amend guidelines necessary congress power revoke amend guidelines mistretta ussg listing amendments promulgated response evolving sentencing concerns ussg comment result set guidelines seek embody considerations principle practice given difficulties abstract potentially conflicting nature general sentencing objectives differences philosophical view among work within criminal justice community best apply general sentencing objectives fair assume guidelines insofar practicable reflect rough approximation sentences might achieve objectives individual judge imposes sentence within range recommended guidelines thus makes decision fully consistent commission judgment general despite justice souter fears contrary post dissenting opinion courts appeals reasonableness presumption rather independent legal effect simply recognizes circumstance judge discretionary decision accords commission view appropriate application mine run cases probable sentence reasonable indeed even circuits declined adopt formal presumption also recognize guidelines sentence usually reasonable reflects commission sentencing judgment appropriate sentence given offender see fernandez cooper talley repeat presumption us appellate presumption given explanation booker appellate reasonableness review merely asks whether trial abused discretion presumption applies appellate review sentencing judge matter process normally begin considering presentence report interpretation guidelines fed rule crim proc may hear arguments prosecution defense guidelines sentence apply perhaps guidelines foresee case hand falls outside heartland commission intends individual guidelines apply ussg perhaps guidelines sentence fails properly reflect considerations perhaps case warrants different sentence regardless see rule thus sentencing subjects defendant sentence thorough adversarial testing contemplated federal sentencing procedure see rules see also burns recognizing importance notice meaningful opportunity heard sentencing determining merits arguments sentencing enjoy benefit legal presumption guidelines sentence apply booker rita supporting amici make two arguments use presumption first rita points many individual guidelines apply higher sentences presence special facts example brandishing weapon many cases sentencing judge jury determine existence facts presumption reasonableness increase likelihood courts appeals affirm sentences thereby increasing likelihood sentencing judges impose sentences reason rita says presumption raises sixth amendment concerns brief petitioner view however presumption even increases likelihood judge jury find sentencing facts violate sixth amendment sixth amendment cases automatically forbid sentencing take account factual matters determined jury increase sentence consequence prohibit sentencing judge taking account sentencing commission factual findings recommended sentences see cunningham california slip citing booker supra blakely washington ring arizona apprendi new jersey sixth amendment question said whether law forbids judge increase defendant sentence unless judge finds facts jury find offender concede blakely supra judge inflicts punishment jury verdict alone allow jury found facts law makes essential punishment judge exceeds proper authority internal quotation marks citation omitted see cunningham supra slip discussing blakely judge sentenced blakely standard range without finding additional fact deliberate cruelty ecause judge blakely case imposed sentence outside standard range without finding additional fact top range relevant maximum sentence sixth amendment purposes booker fact prior conviction necessary support sentence exceeding maximum authorized facts established plea guilty jury verdict must admitted defendant proved jury beyond reasonable doubt discussing blakely rejected state argument jury verdict sufficient authorize sentence within general sentence class felonies noting washington law judge required find additional facts order impose greater sentence emphasis original nonbinding appellate presumption guidelines sentence reasonable require sentencing judge impose sentence still less forbid sentencing judge imposing sentence higher guidelines provide facts standing alone far law concerned judge disregard guidelines apply sentence higher statutory minimum bottom unenhanced guidelines range absence special facts say gun brandishing view sentencing commission warrant higher sentence within statutorily permissible range thus sixth amendment cases forbid appellate use presumption justice scalia concedes sixth amendment concerns foresees presented case post concurring part concurring judgment need rely hypotheticals make point consistent view approach adopted raise multitude constitutional problems clark martinez similarly justice scalia agrees never held sixth amendment prohibits judges ever finding facts relevant sentencing post sentencing areas district judges time make mistakes substantive times impose sentences unreasonable circuit courts exist correct mistakes occur decision booker recognized much booker held unconstitutional portion guidelines made mandatory also recognized district courts impose discretionary sentences reviewed normal appellate principles courts appeals sentencing scheme ordinarily raise sixth amendment concern ibid see opinion stevens indeed everyone agrees constitutional issues presented cases avoided entirely congress omitted federal sentencing statute provisions make guidelines binding district judges opinion booker made clear today holding violate sixth amendment rita may correct presumption encourage sentencing judges impose guidelines sentences see fact change constitutional calculus congress sought diminish unwarranted sentencing disparity sought guidelines system bring greater fairness sentencing increased uniformity fact presumption might help achieve congressional goals provide cause holding presumption unlawful long presumption remains constitutional given case law conclude presumption violates sixth amendment fact permit courts appeals adopt presumption reasonableness mean courts may adopt presumption unreasonableness even government concedes appellate courts may presume every variance advisory guidelines unreasonable see brief several courts appeals also rejected presumption unreasonableness see howard matheny myers moreland however number circuits adhere proposition strength justification needed sustain sentence varies proportion degree variance see smith moreland armendariz davis dean dalton bishop crisp consider approach next term gall second rita amici claim use guidelines presumption appeal conflicts congress insistence sentencing judges apply factors set forth supp iv resulting sentence sufficient greater necessary comply purposes sentencing set forth statute explained however believe judge commission determine guidelines sentences appropriate sentence case hand sentence likely reflects factors including greater necessary requirement see supra circumstance alleviates serious general conflict guidelines purposes appellate review reason find nothing renders use presumption unlawful iii next turn question whether district properly analyzed relevant sentencing factors particular rita argues took inadequate account supp iv provision requires sentencing judge time sentencing state open reasons imposition particular sentence view given straightforward conceptually simple arguments judge judge statement reasons though brief legally sufficient statute call judge state reasons requirement reflects sound judicial practice judicial decisions reasoned decisions confidence judge use reason underlies public trust judicial institution public statement reasons helps provide public assurance creates trust said read statute precedent insisting upon full opinion every case appropriateness brevity length conciseness detail write say depends upon circumstances sometimes judicial opinion responds every argument sometimes sometimes judge simply writes word granted denied face motion relying upon context parties prior arguments make reasons clear law leaves much respect judge professional judgment present context statement reasons important sentencing judge set forth enough satisfy appellate considered parties arguments reasoned basis exercising legal decisionmaking authority see taylor nonetheless judge decides simply apply guidelines particular case necessarily require lengthy explanation circumstances may well make clear judge rests decision upon commission reasoning guidelines sentence proper sentence terms congressional mandates typical case judge found case typical unless party contests guidelines sentence generally argues guidelines reflect unsound judgment example generally treat certain defendant characteristics proper way argues departure judge normally need say cf supp iv although often sentencing judge speak length defendant practice may indeed serve salutary purpose defendant prosecutor presents nonfrivolous reasons imposing different sentence however judge normally go explain rejected arguments sometimes circumstances call brief explanation sometimes call lengthier explanation judge imposes sentence outside guidelines judge explain done knowledge ordinary explanation judicial reasons judge applied guidelines triggers sixth amendment jury trial requirement cf booker trial judge exercises discretion select specific sentence within defined range defendant right jury determination facts judge deems relevant requirement finding articulation creates sixth amendment problem articulating reasons even brief sentencing judge assures reviewing courts public sentencing process reasoned process also helps process evolve sentencing judge access greater familiarity individual case individual defendant commission appeals reasoned sentencing judgment resting upon effort filter guidelines general advice list factors provide relevant information appeals ultimately sentencing commission reasoned responses latter institutions sentencing judge explanation help guidelines constructively evolve time congress commission foresaw see generally supra present case sentencing judge statement reasons brief legally sufficient rita argued downward departure month guidelines sentence basis three sets special circumstances health fear retaliation prison military record see app added event circumstances warrant leniency beyond contemplated guidelines record makes clear sentencing judge listened argument judge considered supporting evidence judge fully aware defendant various physical ailments imposed sentence takes account judge understood rita previously worked immigration service involved detecting criminal offenses considered rita lengthy military service including years service active duty reserve rita receipt medals awards nominations judge simply found circumstances insufficient warrant sentence lower guidelines range months said range inappropriate course legal standard imposition sentence taken context plain judge understood immediately added found sentence bottom guidelines range appropriate ibid must believed much say acknowledge judge might said might added explicitly heard considered evidence argument one denied thought commission guidelines determined sentence proper minerun roughly similar perjury cases found rita personal circumstances simply different enough warrant different sentence context record make clear similar reasoning underlies judge conclusion matter conceptually simple case hand record makes clear sentencing judge considered evidence arguments believe law requires judge write extensively iv turn final question appeals applying presumption legally correct holding rita sentence sentence applied depart relevant sentencing guideline unreasonable view appeals conclusion lawful previously said see part supra crimes issue perjury obstruction justice essence offenses involved making knowingly false material statements oath grand jury thereby impeding criminal investigation guidelines provide typical offense base offense level levels level provided simple violation crime investigated unlawful importation machineguns offender rita countable prior offenses consequently falls within criminal history category intersection base offense level criminal history category sets forth sentencing range imprisonment months rita argued sentencing circumstances special based argument upon health fear retaliation prior military record sentence explicitly takes health account seeking assurance bureau prisons provide appropriate treatment record makes special fear retaliation asserting threat one former law enforcement official might suffer similarly though rita lengthy distinguished military record claim sentencing military service ordinarily lead sentence lenient sentence guidelines impose like district appeals simply say rita special circumstances special enough light require sentence lower sentence guidelines provide finally rita supporting amici claim guidelines sentence reasonable expressly declines consider various personal characteristics defendant physical condition employment record military service view factors ordinarily relevant ussg rita make argument shall consider foregoing reasons judgment appeals affirmed victor rita petitioner writ certiorari appeals fourth circuit june justice stevens justice ginsburg joins part ii concurring secret remedial opinion booker unanimous see stevens dissenting booker settled law must accepted see cardozo nature judicial process labor judges increased almost breaking point every past decision reopened every case one lay one course bricks secure foundation courses laid others gone therefore task today apply booker reasonableness standard district judge decision impose sentence within range recommended sentencing guidelines advisory rather binding simply stated booker replaced de novo standard review required standard called review noted booker de novo standard recent addition law prior appellate courts reviewed sentencing departures abuse discretion decision koon however congress overruled koon added de novo standard see prosecutorial remedies tools end exploitation children today act stat recognizing reasons th revisio make guidelines sentencing even mandatory ceased relevant light constitutional booker excised portion directed courts appeals apply de novo standard critically touch portions requiring appellate courts give due regard opportunity district judge credibility witnesses accept findings fact district unless clearly erroneous give due deference district application guidelines facts leaving portions statute intact severing portion mandating de novo standard review booker restored standard identified three earlier cases pierce underwood cooter gell hartmarx koon see booker pierce considered whether district properly awarded attorney fees based determination government litigation position substantially justified within meaning equal access justice act act specify standard review found necessary rely several significant relevant factors persuaded us apply standard one factor district judge appellate judge decide issue quoting miller fenton noted district participation settlement conferences pretrial activities may insights conveyed record matters whether particular evidence worthy relied upon likewise noted even district judge full knowledge factual setting acquired appellate acquisition often come unusual expense ibid second factor found significant impracticability formulating rule decision issue may involve fleeting special narrow facts utterly resist generalization cooter gell held factors supported standard review district judge imposition sanctions violations rule federal rules civil procedure see third factor district special knowledge local bar litigation practices also supported standard noted eference determination courts front lines litigation enhance courts ability control litigants ibid recognizing factors bear equally upon trial judge sentencing decision koon expressly applied principles pierce cooter gell sentencing context see koon adopted standard unanimously holding district decision depart guidelines cases due substantial deference embodies traditional exercise discretion sentencing id echoing earlier opinions added istrict courts institutional advantage appellate courts must make refined assessment many facts bearing outcome informed vantage point experience criminal sentencing ibid also relied following statement opinion williams development guideline sentencing regime changed view except extent specifically directed statute role appellate substitute judgment sentencing appropriateness particular sentence quoting solem helm basic considerations nature sentencing changed world specific holding koon concerned scope trial judge discretion whether depart guidelines guidelines longer mandatory reasoning applies equal force sentencing judge decision appropriateness particular sentence williams booker appellate courts assess district exercise discretion regard explained section remains effect sets forth numerous factors guide sentencing factors turn guide appellate courts past determining whether sentence unreasonable ibid guided factors booker standard directs appellate courts evaluate motivated district judge individualized sentencing decision reviewing courts may presume sentence within advisory guidelines reasonable appellate judges must still always defer sentencing judge individualized sentencing determination stated koon uniform constant federal judicial tradition sentencing judge consider every convicted person individual every case unique study human failings sometimes mitigate sometimes magnify crime punishment ensue commission developed standards recommendations affect sentencing ranges many individual characteristics matters age education mental emotional condition medical condition including drug alcohol addiction employment history lack guidance youth family ties military civic charitable public service ordinarily considered guidelines see sentencing commission guidelines manual however matters authorizes sentencing judge consider see factors appellate must consider booker standard disagreement justice scalia justice souter rests understanding booker standard appellate review join justice scalia opinion believe purely procedural review advocates inconsistent remedial opinion booker plainly contemplated reasonableness review contain substantive component see district judge gives harsh sentences yankees fans lenient sentences red sox fans acting reasonably even procedural rulings impeccable moreover even future unusually harsh sentence might violate sixth amendment exceeds judicial standard reasonableness justice scalia correctly acknowledges case present problem see post opinion concurring part concurring judgment claim sixth amendment violated case petitioner demonstrate relatively low sentence unreasonable district relied nothing admitted facts see also ante justice scalia concedes sixth amendment concerns foresees presented case post concurring part concurring judgment need rely hypotheticals make point consistent view approach adopted multitude constitutional problems clark martinez hypothetical case decided arises see valley forge christian college americans separation church state justice souter opinion think overestimates gravitational pull towards advisory guidelines result presumption reasonableness post dissenting opinion booker standard review allows indeed requires district judges consider factors listed apply individual defendants appellate courts must give deference sentencing decisions made judges whether resulting sentence inside outside advisory guidelines range traditional principles acknowledges moreover presumptively reasonable mean always reasonable presumption course must genuinely rebuttable see ante blind fact practical matter many federal judges continued treat guidelines virtually mandatory decision booker see post scalia concurring part concurring judgment one federal judge even written watching courts appeals whether formally adopted presumption affirm hundreds upon hundreds sentences seems rebuttability presumption theoretical real pruitt app lexis june mcconnell concurring decision today makes clear however rebuttability presumption real also clear appellate courts must review sentences individually deferentially whether inside guidelines range thus potentially subject formal presumption reasonableness outside range given clarity holding trust judges treated guidelines virtually mandatory interregnum recognize guidelines truly advisory applying standard affirm sentence imposed district although imposed lower sentence district judge agree abuse discretion making particular decision also agree decision entitled added respect consistent advice guidelines ii said believe significant flaw sentencing procedure case petitioner veteran received significant recognition service country aspect background taken consideration sentencing guidelines mentioned district judge explanation choice sentence defendant received regard serious omission think judge statement defendant made time sentencing especially important part criminal process defendant convinced justice done case society dealt fairly likelihood successful rehabilitation surely enhanced nevertheless given importance paying appropriate respect exercise sentencing judge discretion join opinion judgment victor rita petitioner writ certiorari appeals fourth circuit june justice scalia justice thomas joins concurring part concurring judgment booker five justices among held previous decision blakely washington applied sentences imposed federal sentencing guidelines guidelines mandatory binding judges see thus reaffirmed ny fact prior conviction necessary support sentence exceeding maximum authorized facts established plea guilty jury verdict must admitted defendant proved jury beyond reasonable doubt response constitutional holding different majority five justices held appropriate remedy make guidelines nonmandatory cases review sentences appeal reasonableness see disagreed remedial choice believing instead proper remedy maintain mandatory character guidelines simply require small category cases fact legally essential sentence imposed fact proved jury beyond reasonable doubt admitted defendant see stevens joined scalia souter dissenting part mean reopen debate matter statutory stare decisis accept booker remedial holding district courts longer bound guidelines appellate courts review sentences imposed reasonableness clear need decide case today however precisely reasonableness review entails dictated booker lamented worst feature scheme one knows perhaps one meant know advisory guidelines review function practice scalia dissenting part earlier term intensified silence declined flesh mind face argument form reasonableness review constitutional implications cunningham california justice alito defended constitutionality california sentencing system part arguing even federal sentences upheld reasonable judge makes additional findings fact beyond encompassed jury verdict guilty plea slip dissenting opinion cunningham majority response much like booker remedial opinion cryptic explain justice alito incorrect strongly intimated premise wrong erroneously anticipate reasonableness review operates practice cunningham slip question squarely presented case pending found neither necessary proper join issue justice alito matter suggesting revealed opinion issue today see slip today arrived broken promise nothing opinion explains advisory guidelines scheme facts never legally necessary justify sentence mean failed establish every sentence imposed advisory guidelines scheme equally imposed judge relied upon facts found jury admitted defendant fact implicitly quite plainly acknowledges case treating permissible claim petitioner challenge sentence substantively excessive see ante part iv scheme promulgated today sentences reversed excessive legally authorized later cases additional facts present justice alito argued cunningham lengthy sentences affirmed held lawful presence aggravating facts found jury distinguish case even attempt explain consistent sixth amendment explanation given explanation possible reintroduced constitutional defect booker purported eliminate acquiesce course sentencing system permissible sentences lawfully imposed judge unless judge finds certain facts preponderance evidence left place compulsory guidelines congress enacted instead imposing scheme order avoid possibility sixth amendment violation object booker remedy district courts must able without finding facts embraced jury verdict guilty plea sentence maximum statutory range therefore appellate courts reverse sentences high one contend congress intended sentences reviewed low hold reasonableness review contain substantive component believe however appellate courts nevertheless secure amount sentencing uniformity procedural reasonableness review made possible booker remedial opinion sixth amendment requires ny fact prior conviction necessary support sentence exceeding maximum authorized facts established plea guilty jury verdict must admitted defendant proved jury beyond reasonable doubt booker two hypotheticals suffice reveal notion excessive sentences within statutory range ability appellate courts reverse sentences inexorably produces violation sixth amendment sentences whose legality premised judge finding fact combination facts preponderance evidence first consider two brothers similar backgrounds criminal histories convicted jury respectively robbing two banks equal amount money next assume district judge finds one brother fueled racial animus targeted first bank owned operated minorities whereas brother selected second bank simply location enabled quick getaway assume district judge imposes statutory maximum upon brothers basing sentences primarily upon perception bank robbery punished much severely guidelines base level advises explicitly noting racially biased decisionmaking first brother justified sentence imagine appellate reverses excessive sentence nonracist brother given dual holdings appellate racist valid sixth amendment claim sentence reasonable hence lawful judicial finding motive selecting second consider common case district imposes sentence within advisory guidelines range substantially enhanced certain facts example base offense level robbery guidelines sentencing commission guidelines manual defendant criminal history corresponds advisory range months ch pt sentencing table however judge finds firearm discharged victim incurred serious bodily injury million stolen base level jumps producing advisory range months ch pt sentencing table judge finds facts true imposes sentence months facts combination merely facts judge finds relevant exercising discretion legally essential predicate imposition sentence failure find render sentence unlawful evident district judge explicitly find none facts true nevertheless impose sentence simply thinks robbery merits seven times sentence guidelines provide sentence surely reversed unreasonably excessive hypotheticals stylized ways illustrating basic problem system district courts lack full discretion sentence within statutory range system every given crime maximum sentence upheld reasonable based facts found jury admitted defendant every sentence higher legally authorized fact violation sixth amendment appellate courts excessiveness review explicitly implicitly accept facts justifying sentences otherwise unlawful difference system mandatory guidelines maximum sentence based jury verdict guilty plea specified latter must established appellate courts fashion former anything additional constitutional disease constitutional cure clear suggesting sixth amendment prohibits judges ever finding facts repeatedly affirmed proposition judges find facts help guide discretion within sentencing range authorized facts found jury admitted defendant see booker supra apprendi new jersey fundamental difference one underpinning entire apprendi jurisprudence facts must found order sentence lawful facts individual judges choose make relevant exercise discretion former latter must found jury beyond reasonable doubt order give intelligible content right jury trial blakely also contending sixth amendment problem affirmation presumption reasonableness sentences agree presumption never makes facts legally essential sentence imposed since direct relevance whether sentence unreasonable absence facts see ante claim sixth amendment violated case petitioner demonstrate relatively low sentence unreasonable district relied nothing admitted facts rather position inevitably constitutional violations system substantive reasonableness review sentences upheld reasonable existence facts booker reveals reality dooms construct reasonableness review established applied today opinion booker made two things quite plain first reasonableness standard review implicitly contained within sentencing reform act sra second congress wanted uniform system sentencing review rather different schemes depending whether sixth amendment problems particular cases thus contours reasonableness review must narrowed cases constitutional concerns must narrowed cases light congress desire uniform standard review justices composing today total agreement principle statutory interpretation day booker decided hen deciding two plausible statutory constructions adopt must consider necessary consequences choice one raise multitude constitutional problems prevail whether constitutional problems pertain particular litigant clark martinez opinion scalia joined inter alios stevens kennedy ginsburg breyer yet adopt substantive reasonableness review without offering rebuttal charge patent constitutional flaw inherent review one comfort found opinion though excuse failure apply martinez interpretive principle rule sixth amendment challenges sentences upheld reasonable facts encompassed jury verdict guilty plea ante ante stevens joined ginsburg concurring bothered frame objections constitutional analysis undertaken four conceivable candidates simplistic objection sixth amendment violated facts made legally necessary decision appellate courts rather decision congress rebuttal errs premise conclusion premise wrong according remedial majority booker facts excessiveness review renders legally essential made congress reasonableness standard review implicitly contained within ed supp iv see booker supra sixth amendment violated even appellate courts really exercising type power prescribe facts legally necessary support specific sentences neither apprendi progeny suggests violation sixth amendment depends upon branch government made prescription contrary booker flatly rejected argument mandatory guidelines constitutional sentencing commission rather congress specified facts essential punishment see good reason sixth amendment reservation jury power blakely makes difference whether legislature sentencing commission appellate usurps jury prerogative otherwise prescribe reasonable sentences consistent mandatory guidelines booker invalidated california effectively reverse decision cunningham simply setting aside unreasonable sentence conform california law next objection minimizes extent excessiveness review makes facts legally essential punishment appellate courts uphold based facts found jury district decision impose lengthiest sentences number sentences legally dependent facts quite small thus argument goes reason prohibit substantive reasonableness review altogether absent claim review creates constitutional problem given case prohibit already explained line defense inconsistent established principles statutory interpretation see supra even terms defense inconsistent booker reasonableness review improper inadequate remedial scheme unless ensures facts never legally necessary justify sentence imposed advisory guidelines mandatory guidelines system invalidated booker attribute producing unconstitutional results small proportion cases guilty pleas guidelines ranges depend facts overwhelming majority sentences imposed federal system perfectly accord sixth amendment see booker stevens dissenting part booker nevertheless excised key statutory provisions governing federal sentencing order eliminate constitutional violations entirely system accomplish goal right supplanted congressionally enacted mandatory guidelines true sentences today system still violate sixth amendment nonetheless allowing system go forward produce chaos cases resemble stylized hypotheticals ordinarily defendants judges unable figure based comparison facts case facts previously decided appellate cases whether sentence imposed upheld reasonable based facts supporting jury verdict guilty plea stop defendants making argument however certainly foreclosed trying see supra judges theory two options create complicated charts databases based appellate precedents ascertain facts legally essential justify sentences turn deaf ear claims though knowing full well justified bet things better mandatory guidelines system every judge readily identify sixth amendment violated rule accordingly proponents substantive reasonableness review next argue actual sentencing involves consideration dozens different facts order make individualized determination defendant real world contend difficult impossible determine whether given fact legally essential punishment imposed identifying particular fatal fact necessary identifying constitutional violation second hypothetical given example possible say single fact combination facts sufficed bring sentence within bounds reasonable possible say indeed must said fact combination facts effect suffices establish sixth amendment violation whether judge authority impose enhanced sentence depends finding specified fact one several specified facts aggravating fact remains case jury verdict alone authorize sentence judge acquires authority upon finding additional fact blakely supra last conceivable defense wrap mantle history tradition hen practice expressly prohibited text bill rights bears endorsement long tradition open widespread unchallenged use dates back beginning republic proper basis striking venerable accepted tradition laid examining table scrutinized conformity abstract principle constitutional adjudication devised contrary traditions stuff principles formed rutan republican party scalia dissenting omitted consideration application federal system prior sra substantive appellate review district sentencing discretion essentially exist see dorszynski noting general proposition determined sentence within limitations set forth statute imposed appellate review end doctrine bars review exercise sentencing discretion state appellate review sentences late least permit appellate courts modify sentences imposed within statutory limits see appellate review sentences symposium judicial conference appeals second circuit exaggeration say history reflects established understanding appellate review excessive sentences conflicts sixth amendment also exaggeration say historical pedigree substantive appellate review sentencing strong clear overcome basic principle underlying right applied apprendi blakely booker cunningham final defense substantive reasonableness review invoke intent congress booker remedial opinion congressional intent course congress intended facts legally essential punishment imposed whole reason mandatory guidelines violated sixth amendment indulge newfound respect unconstitutional congressional intent reimpose mandatory guidelines system system creates today manages contravene congressional intent sixth amendment intent booker remedial opinion opinion purported divining congressional intent light sixth amendment compelled see absent explanation substantive reasonableness review cause facts justify greater punishment jury verdict defendant guilty plea sustain fail understand review possibly intended five justices composed booker remedial majority least one intend override blakely render academic entire first part booker confirmed majority booker revision blakely essayed justice alito cunningham dissent cunningham slip opinion ginsburg ii abandoning substantive reasonableness review require return regime booker remedial opinion sought avoid see said outset believe possible give effect booker remedial opinion purposes sought serve still avoiding constitutional defect identified booker merits opinion specifically limit reasonableness review sentencing procedures mandated statute central feature booker remedial opinion conclusion sra completely inseverable see result sentencing commission remains place writing guidelines collecting information actual district sentencing decisions undertaking research revising guidelines accordingly likewise sentencing courts remain obligated consider various factors delineated supp iv including guidelines range still instructed subsection impose sentence sufficient greater necessary comply purposes set forth paragraph subsection significantly ed supp iv continues require district courts give reasons sentencing decisions requirement requisite detail depends whether sentence within advisory guidelines range within advisory guidelines range spans months outside advisory guidelines range explanations turn help commission revise advisory guidelines reflect actual sentencing practices consistent statutory goals see booker supra citing ed supp iv booker retention statutory procedural provisions furthered congressional purpose iron ing sentencing differences avoid ing excessive sentencing disparities important appellate courts police observance booker excised provision sra containing standards appellate review see invalidating ed supp iv remedial majority creation reasonableness review gave appellate courts necessary means reverse district appears considered considers impermissible factors selects sentence based clearly erroneous facts comply requirement statement addition direct effect sentencing uniformity procedural review indirectly produce time reduction sentencing disparities ensuring district courts give reasons sentences specific reasons decline follow advisory guidelines range see supp iv appellate courts enable sentencing commission perform function revising guidelines reflect desirable sentencing practices district courts see booker supra citing ed supp iv occurs district courts less reason depart commission recommendations leading sentencing one possible objection procedural review booker remedial opinion appears considered supp iv limits appellate courts reversing sentences imposed violation law result incorrect application sentencing guidelines fall certain categories either high low noted booker inextricably intertwined excised provisions setting forth standards appellate review nonsensical continue apply provisions governing decision disposition appeals clearly track standards see scalia dissenting part hold incapable functioning independently provisions excised booker thus inseverable see alaska airlines brock singer sutherland statutes statutory construction ed even part act independent valid parts substantively invalid separate function perform independent invalid portions act also held invalid applying procedural review case require much discussion part join part iii opinion see ante decision today leaves unexplained mandatory guidelines unconstitutional system contains potential sixth amendment violation irresponsible leave patent inconsistency hanging air threatening future yet another major revision guidelines practices district courts courts appeals adjust procedural review lay matter rest comporting parts booker opinion achieving maximum degree sentencing uniformity basis facts constitution permits victor rita petitioner writ certiorari appeals fourth circuit june justice souter dissenting applying sixth amendment current sentencing law gotten complicated someone coming cold case might wonder reached point general overview course decisions past eight years may help put today holding perspective members criminal jury guaranteed impartial residents state district crime sixth amendment right trial jury otherwise relies history details practical instincts judges legislators implementation courts litigation example worked issues size see ballew georgia prohibiting state juries allowing juries six unanimity see apodaca oregon allowing nonunanimous juries state criminal trials burch louisiana prohibiting nonunanimous juries decisions go william james called constitution guarantee see james pragmatism new name old ways thinking ed one additional issue detail implementation line judge jury determining facts particular legitimate extent factfinding judge sentencing defendant guilty plea jury verdict guilty since inception judicial discretion determining sentence judges acted learn course trial later gather presentence report evidence time sentencing including details trial jury may found true returned guilty verdict answered special question historically also customary judicial use extraverdict facts deciding sentence within range set advance statute defining crime question see williams new york thus traditionally judge imposed sentence point range say years specified statute offense every fact necessary go high five years found jury admitted even though jury made particular implicit findings facts judge might consider exercising discretion set sentence higher lower within range background jones called attention serious threat practical value criminal defendant jury right jones prosecuted statute exemplified growing practice providing definition penalty basic crime subject right jury trial identifying variants carrying higher ranges penalties depending facts arguably might found judge sitting alone thus jones convicted solely carjacking fact causing bodily shown maximum penalty jumped years quoting supp government position extra fact serious bodily injury raising penalty range required jury finding condition imposing enhanced sentence judge element serious crime subject right jury determination see jones unsettling argument prosecutions statutory schemes serious issue case might well guilt innocence basic offense liability substantially enhanced penalty example judge found jones caused serious bodily injury death extraverdict factfinding made difference years life imprisonment quoting supp case like giving judges exclusive power find facts necessary sentence higher range make jury mere gatekeeper important trial judge alone sixth amendment course speak expressly scheme sufficient reason give constitutional approval judicial factfinding necessary enhanced sentencing range held adequate face defendant objection defendant right jury standing power government curtail liberty take previously unsuspected modesty jones accordingly treated practice suspect enough call applying doctrine constitutional avoidance interpreted statute question government called mere condition imposing sentencing enhancement treated element serious offense made subject jury factfinding interpretation obviated constitutional decision whether subjecting unwilling defendant onerous range sentence facts found solely judge violate sixth amendment issue go away jones constitutional challenge soon presented inescapably apprendi new jersey held exposing defendant increased penalty beyond range basic crime based facts determined exclusively judge violated sixth amendment absence jury waiver defendant subjected penalty serious one authorized facts found jury admitted defendant judge constitutionally determine facts exercising discretion sentencing point fact raised range possible penalties functioned like element serious offense even statute ostensibly tied fact sentence alone hence absence waiver sentence weightier range imposed judge enhancing fact found beyond reasonable doubt trial jury ibid placing disputed factfinding judicial limits effect raise range possible sentences made practical judgment maintained historical judicial role finding facts relevant sentencing within range set jury verdict recognized jury right trivialized beyond recognition traditional practice extended point judge alone objection find fact necessary raise upper limit sentencing range moment apprendi drew line however holding carried apparent implications regime guidelines sentencing adopted see sentencing reform act stat et seq ed supp iv et seq ed supp iv general object guidelines sentencing eminently laudable one promoting substantial consistency exercising judicial discretion sentence within range set statute given crime thus elementary level guidelines law limits sentence judge may impose even within sentencing range provided statute creating particular offense effect divides basic sentencing range subranges assigns offender subrange based particular facts case offender criminal history judge may depart assigned subrange case presents circumstance adequately taken consideration sentencing commission formulating guidelines supp iv follows judge must find facts beyond necessary jury guilty verdict sentence matter subrange designated offender comparable criminal history whose case presents relevant facts beyond formal elements crime result hybrid sentencing practice one describe emphasizing judge factfinding never increase sentence beyond range set law defining crime one stress principal motivation guidelines sentencing eliminating traditional judicial discretion forbidding judge impose high sentence except basis fact beyond necessary guilty verdict thus subject right jury determination blakely washington considering state sentencing system similar federal scheme decided latter way looking made sense apprendi going mean something preserving historical significance jury see held additional factfinding necessary judge sentence within high subrange comparable finding additional fact required judge impose enhanced sentence law considered apprendi blakely come way significance apprendi jeopardy legislature free bypass apprendi providing abnormally spacious sentencing range basic crime theoretically exposing defendant highest sentence jury guilty verdict leaving judge make supplementary findings appropriate necessary sentence subrange high end spell end apprendi diminish real significance jury protection apprendi shored booker majority applied blakely reasoning held federal guidelines subjected defendants unconstitutional sentences upper subranges absent jury finding waiver far good sixth amendment issue remedy step consistency began falter statutory guidelines survive two serious alternatives one already place courts foresight apply apprendi guidelines require additional facts necessary possible high subrange sentence charged submitted jury true government think ahead charge relevant facts emerged unexpectedly trial mandatory character guidelines preserved goal consistency continue served practical value jury right face erosion second remedial alternative declaration guidelines mandatory discretionary finding extraverdict facts strictly necessary sentencing high subrange guidelines alternative judge found subsidiary fact specified condition high subrange sentence might decide impose low sentence independently guidelines provisions downward departure judge found fact might sentence within high subrange reasons seemed sufficient guidelines mandatory subsidiary fact merely provided one reasoned basis traditional exercise discretion sentence high end sentencing range provided statute defining crime second alternative simple raised yet issues reconfigured majority fact adopted see guaranteed case us district judges treated guidelines simply worthy consideration open rejection given case booker remedy threaten return old sentencing regime presumably produce apparent disuniformity convinced congress adopt guidelines sentencing first place sentencing judges attributed substantial gravitational pull guidelines treated guidelines result persuasive presumptively appropriate booker remedy practical terms preserve feature guidelines threatened trivialize jury right presumption guidelines reasonableness tend produce guidelines sentences almost regularly mandatory guidelines done judges finding facts needed sentence upper subrange open door undermining apprendi happened today without powerful reason risk reversal sentence district judge faced evidence supporting high subrange guidelines sentence appropriate factfinding disparagement jury right sentence within high subrange prediction weakened whit description reasonableness appellate presumption ante emphasis deleted works appeal determines works trial sentencing commission views weighty says see ante trial judge find far easier make appropriate findings sentence within appropriate guideline go unorthodox factfinding necessary justify sentence outside guidelines range see supp iv upshot today decision moves threat practical value sixth amendment jury right closer flagged jones seems fair ask accomplished real terms judicial labor imposed apprendi associated cases taking booker remedy discretionary guidelines given however way avoid risk apprendi jury right hold discretionary sentence carries presumption reasonableness sentencing decisions reviewed according standard reasonableness whether fall within guidelines range district courts assured entire sentencing range set statute available see booker supra calling reasonableness standard across board stop replicating unconstitutional system imposing sentences within guidelines ranges determined facts found alone therefore reject presumption reasonableness adopted case pernicious think recognize presumption still retain full effect apprendi aid sixth amendment guarantee stop rejecting presumption neither preferred course choice today majority avoid odds degree intent congress question congress meant impose mandatory guidelines means bringing greater uniformity sentencing point congressional objective still attained booker remedial holding means congress restore scheme mind way gives full measure right jury trial congress change heart value guidelines system reenact guidelines law give binding force originally provision jury judicial determination fact necessary sentence within upper guidelines subrange point congress make good enacted policy mandatory guidelines sentencing guarantee robust right jury trial respectfully footnotes see opinion stevens never doubted authority judge exercise broad discretion imposing sentence within statutory range indeed everyone agrees constitutional issues presented cases avoided entirely congress omitted sentencing reform act provisions make guidelines binding district judges citations omitted fact booker expressly equated new reasonableness standard old standard used review sentencing departures see standards foreign sentencing law act long required use important sentencing circumstances review departures see ed review sentences imposed applicable guideline see emphasis added see also breyer federal sentencing guidelines key compromises upon rest hofstra rev commission extensively debated offender characteristics make difference sentencing characteristics important enough warrant formal reflection within guidelines constitute possible grounds departure eventually light arguments based part considerations fairness part uncertainty sentencing judge actually account aggravating mitigating factors current offender characteristics rules look primarily past records convictions footnotes omitted footnotes course may fact racial animus also sufficed sustain increased sentence undeniable case hand judicial finding racial animus filled role see blakely washington similar reasons recognize sixth amendment problem reasonableness review created lack district discretion impose high sentences since eliminating discretion impose low sentences equivalent judicially creating mandatory minimums concern sixth amendment see harris since reasonableness review function ratchet booker must forswear notion sentences low light need abandon concept sentences high reason join justice souter dissent wishes give district courts assurance entire sentencing range set statute available post proper goal indeed essential one prevent booker remedy effectively overturning apprendi blakely eliminating presumption reasonableness achieve circuits already decline employ presumption sentence never reversed substantively excessive brief new york council defense lawyers amicus curiae refuting belief mere elimination presumption destroy gravitational pull post souter dissenting stay safely within guidelines way assure district courts deviate advisory guidelines ensure facts never legally essential sentence prohibit appellate courts reviewing substantive sentencing choices made district courts suggests reliance hypotheticals indicates interpretation reasonableness create multitude constitutional problems ante see also ante stevens concurring setting aside question whether volume constitutional violations relevance application martinez interpretive principle wrong think constitutional problem today opinion ignores hypothetical merely used hypotheticals describe real advisory guidelines sentences routinely change months years imprisonment decades centuries basis facts booker recognized see citing inter alia case defendant sentence increased months years perhaps cynical least one conscientious district judge decided shoulder burden ascertaining maximum reasonable sentence case based verdict appellate precedent correctly concluding way eliminate sixth amendment problems cunningham booker mandates substantive reasonableness review see griffin wl june young sentencing memorandum substance procedure admittedly terms see sun oil wortman text indicates use term procedure includes limiting sentencing factors permissible ones opposed using permissible factors reaching result substantively wrong therefore disagree justice stevens district discriminates yankees fans acting procedurally impeccable way ante concurring opinion courts must resist however temptation make procedural review stringent substantive review table judicial role conducting severability analysis limited determining whether balance statute contains unconstitutional provision capable functioning independently alaska airlines brock courts power add provisions might desirable certain provisions excised thus engaging reasonableness review determine whether district complied various procedures appellate subject district greater requirements existed say possible one claim failure comply procedural requirements results sentence imposed violation law thereby covered applicability procedural errors called question specifically addresses sentences district failed provide required statement reasons mandated reasons specified text however see need grapple proper interpretation footnotes recognized single exception rule permitting reliance fact prior conviction without jury determination defendant previously convicted see apprendi see also ask appeals review sentence reasonableness without resort presumption reach issues case