United States v. Booker, 125 S.Ct. 738, 73 USLW 4056 (Jan. 12, 2005) (Sixth Amendment as construed by Blakely v. Washington, 542 U.S. ___ (2004), applies to the Federal Sentencing Guidelines because they are mandatory; advisory provisions would not implicate the Sixth Amendment, because judges may exercise broad discretion in imposing a sentence within a statutory range).      The Supreme Court held that "[a]ny fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt." (Slip opn., first part, p. 20.) Justice Breyer wrote the second part (the remedial portion) (joined by Rehnquist, O'Connor, Kennedy, and Ginsburg) which concluded that the statute which makes the sentencing guidelines mandatory (18 U.S.C. 3553(b)(1)) and the section that provides for de novo appellate review of sentences outside the Guidelines (3742(e)), violate the Sixth Amendment and must be severed from the rest of the Sentencing Reform Act of 1984. With this modification, the Guidelines are effectively advisory, requiring the court to consider Guidelines ranges (sec. 3553(a)(4)) but permitting it to tailor the sentence in light of other statutory concerns (sec. 3553(a)). The decisions are binding on all cases that are currently on direct review.