Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid
It would be a surprise to many, but it has been common knowledge to criminal practitioners for years, that a criminal defendant's sentence for a crime which they have been convicted can be increased based on consideration of conduct that the jury acquitted. As some have observed, this outcome can make a partial acquittal in federal court into a pyrrhic victory as the defendant's sentence is impacted by the same behavior that the jury concluded was not proved beyond a reasonable doubt. And not just impacted on the margin — a defendant's sentence can be greatly increased.
This is true in both white-collar cases and in cases involving drug dealing or crimes of violence. Take the case of Dayonta McClinton, who was convicted by a jury of being one of a group that robbed an Indianapolis CVS pharmacy in 2015. See, McClinton v. United States, petition for cert. pending, No. 21-1557 (filed June 10, 2022). The jury acquitted McClinton of even more serious conduct — the shooting of one of the other robbers in the back of the head at point-blank range. Nonetheless, the sentencing court found, using a preponderance of the evidence standard, that McClinton did commit the homicide. As a result, the sentencing court more than tripled McClinton's Sentencing Guidelines Range, from 57-71 months, based on the robbery, to a sentence of 228 months, holding him responsible for the homicide.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.