Congressional Digest

Supreme Court Debates November 2004 No. 8 Vol. 7
Before the Court

Federal Sentencing Guidelines

Constitutionality of Judge-Imposed Sentence Increases

Before the Court

The Justices Weigh in During Oral Arguments

At 1:00 p.m. on October 4, 2004, the U.S. Supreme Court heard oral arguments for cases number 04-104 and 04-105, United States v. Freddie J. Booker and United States v. Ducan Fanfan. At 2:46 p.m., arguments concluded and the case was submitted for judgment. Following are excerpts from the arguments of acting U.S. Solicitor General Paul D. Clement and Rosemary Scapicchio, attorney for Ducan Fanfan. Questions are presented from the nine Supreme Court Justices.Argument on Behalf of the United States MR. CLEMENT: This case, and these cases, concern the constitutionality of the 1,200 criminal sentencings that take place in Federal…

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