 Justices Scalia and Alito questioned Crooks as to how this would shift the burden from the defendant to the prosecution on appeal.Crooks responded by pointing out that the effect of the guidelines is prejudicial and that the defendant on appeal would need to show more than prejudice to succeed.In a 6-2 decision authored by Justice Kennedy the Court ruled that courts may not have rigid requirements for additional evidence to hear a case if the sentencing guidelines were in error.