The district court found that the defendant had killed his co-conspirator under a simple preponderance of the evidence standard. the Seventh Circuit had to assess whether the district court erred in considering the murder of a co-conspirator as relevant conduct when sentencing the defendant for a robbery conviction, even though the jury had acquitted him of a charge related to the co-conspirator’s death. Recently, the Seventh Circuit confronted a case that brought into sharp relief the problems with the use of acquitted conduct at sentencing. The Court implicitly upheld United States v.
Despite this backlash and evolving sentencing law, the Court has not revisited its original holding, issued in a per curiam opinion without the benefit of oral argument. policy that judges, practitioners, and scholars have condemned ever since. 675, 679 (2014) (quoting Enag Ngov, Judicial Nullification of Juries: Use of Acquitted Conduct at Sentencing, 76 Tenn. Orhun Hakan Yalinçak, Critical Analysis of Acquitted Conduct Sentencing in the U.S.: “Kafka-Esque,” “Repugnant,” “Uniquely Malevolent” and “Pernicious”?, 54 Santa Clara L. You Have Been Successfully Unsubscribed From The Newsletter.In 1997, the Supreme Court explicitly sanctioned the use of acquitted conduct in sentencing, 1 × 1. Sorry, Failed To Unsubscribe From The Newsletter.
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