Pennsylvania statutes that allow a sentencing judge to impose a mandatory minimum after taking into account details that the trial jury has not verified beyond a reasonable doubt do not conflict with recent U.S. Supreme Court decisions, an en banc panel of the Superior Court has held in a 6-3 ruling.

In Commonwealth v. Kleinicke, the Superior Court panel had to consider three U.S. Supreme Court opinions that significantly changed the face of American sentencing guideline jurisprudence: Apprendi, Blakely and Booker.