Ninth Joins Other Circuits in Interpretation of U.S. v. Booker
In U.S. v. Ray, the Ninth Circuit joins other circuits in finding that U.S. v. Booker, 543 U.S. 220 (2005) did not redefine the “statutory maximum” language, for purposes of determining appropriate sentences for revocation of supervised release. “Statutory maximum” continues to refer to the maximum penalty provided for the offense by the U.S. Code, rather than the maximum penalty mandated by the sentencing guidelines. Even though Ray has already served a longer total period of incarceration then the twelve months the sentencing guidelines mandate for her offence, the statutory maximum is thirty years. Accordingly, the Court affirmed her sentence of six months incarceration imposed after her violation of condition of supervised release.
