maximum Guidelines sentence authorized by the jury’s verdict without additional findings of fact. Id. at 769. Nonetheless, the Court vacated Fanfan’s sentence and remanded to permit either party to seek resentencing “under the system set forth” in the Booker opinions, because the district court had committed non-constitutional error by applying the Guidelines in a mandatory rather than advisory fashion. Id. The Supreme Court’s conclusion that the sentencing courts in the companion cases had erred followed from the Court’s ruling that it “must apply today’s holdings — both the Sixth Amendment holding and our remedial interpretation of the Sentencing Act — to all cases on direct review.” Id. at 769; see also Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (<HOLDING>). As a consequence, on direct review appellate
holding that all newly declared rules must be applied retroactively to all criminal eases pending on direct review holding that a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases  pending on direct review  with no exception for cases in which the new rule constitutes a clear break with the past holding that batson does apply retroactively to cases pending on direct review holding that a new rule for conducting criminal prosecutions should be applied to all cases pending on direct review or not yet final holding newly announced rules of constitutional criminal procedure must apply retroactively to all cases state or federal pending on direct review or not yet final with no exception