Rita v. United States

Rita v. United States
Argued February 20, 2007
Decided June 21, 2007
Full case nameVictor A. Rita, Petitioner v. United States
Docket no.06-5754
Citations551 U.S. 338 (more)
127 S. Ct. 2456; 168 L. Ed. 2d 203
Case history
PriorSentence upheld by the Fourth Circuit, 177 F. App'x 357 (4th Cir. 2006).
Holding
Federal appellate courts may apply a presumption of reasonableness to sentences imposed under the Federal Sentencing Guidelines.
Court membership
Chief Justice
John Roberts
Associate Justices
John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Case opinions
MajorityBreyer, joined by Roberts, Stevens, Kennedy, Ginsburg, Alito; Scalia, Thomas (Part III)
ConcurrenceStevens, joined by Ginsburg (all but Part II)
ConcurrenceScalia (in part), joined by Thomas
DissentSouter
Laws applied
18 U.S.C. § 3553

Rita v. United States, 551 U.S. 338 (2007), was a United States Supreme Court case that clarified how federal courts of appeals should implement the remedy for the Sixth Amendment violation identified in United States v. Booker. In Booker, the Court held that because the Federal Sentencing Guidelines were mandatory and binding on judges in criminal cases, the Sixth Amendment required that any fact necessary to impose a sentence above the top of the authorized Guidelines range must be found by a jury beyond a reasonable doubt. The Booker remedy made the Guidelines merely advisory and commanded federal appeals courts to review criminal sentences for "reasonableness." Rita clarified that a sentence within the Guidelines range may be presumed "reasonable."