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Hoping to acquit myself well in big Sixth Circuit argument on acquitted conduct

By Douglas A. Berman

As previously detailed here, late last year the Sixth Circuit ordered en banc review in US v. White, a case involving the status of acquitted conduct guideline enhancements in the wake of Booker.  Together with a terrific group of lawyers from Proskauer Rose working pro bono, I helped put together an amicus brief (discussed here) making mostly statutory arguments about guideline enhancements based on acquitted conduct.  And the Sixth Circuit kindly granted us time at the en banc oral argument scheduled for tomorrow. Though I argued as an amicus before a Sixth Circuit panel last year, I have never argued before an en banc circuit court.  And, of course, this case raises an issue that I have worked on a lot (and blogged about a lot) both pre- and post-Booker...continue to full post

Full post as published by Sentencing Law and Policy on June 03, 2008 (boomark / email).