Sentencing guidelines: The US Supreme Court holds that Federal Sentencing Guidelines set out by the Administrative Commission only have a consultative role and that the decision still rests with the sentencing judge (US v. Booker)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – USA Supreme Court, 12 January 2005, US v. Booker, No. 04-104 This decision is important in that it calls into question the constitutionality of the Federal Sentencing Guidelines, which serve as a basis for antitrust authorities to sanction anti-competitive practices if certain conditions of collegiality and the administration of evidence are not met. By raising numerous questions, the Supreme Court thus underlines the relative value of the texts resulting from the administrative doctrine, although established by an independent Commission set up by the United States Congress, to which certain interpretative texts of the European Commission may correspond,