Mooney was convicted of several charges stemming from insider trading. The district court determined that Mooney's gain from his insider trading was $274,199.46. Mooney argued that a jury must determine the amount of his gain from the insider trading. A per curiam panel of the Eighth Circuit Court of Appeals disagreed:
Sentencing remains a court function under Booker. Judicial fact finding is permitted as long as it is understood that the guidelines are not mandatory. Although the court must consult the guidelines, it is not obligated to sentence according to them, and a sentence imposed in the exercise of discretion will be upheld if reasonable. Reasonableness may be demonstrated by a court's consideration of the guidelines, relevant conduct, and statutory sentencing factors.Id. at *14 (citations omitted).