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The veil of vagueness: reasonableness review in Rita v. United States.

Three years ago, in United States v. Booker, (1) a 5-4 majority of the Supreme Court held that the Sentencing Reform Act of 1984 (SRA), (2) which required federal judges to impose sentences within the Federal Sentencing Guidelines (the Guidelines) (3) based upon judicially-found facts, violated the Sixth Amendment. (4) A different 5-4 majority of the Court held, in what is known as the Booker "remedial" opinion, that the appropriate remedy was to excise from the SRA the two provisions that made the Guidelines mandatory, thus rendering them effectively advisory. (5) For the federal courts of appeals, the effect of Booker was to replace a clear set of standards of review for ...

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