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The friendly themes to be stressed in Sixth Circuit acquitted conduct case

By Douglas A. Berman

As noted here, I am off to the Sixth Circuit to present an amicus perspective on acquitted conduct enhancements.  (As previously detailed here, late last year the Sixth Circuit ordered en banc review in US v. White, and this afternoon is the scheduled argument. As noted before, 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.  At oral argument I plan to expand a bit on these points.  More generally, I plan emphasize not just statutory issue, but also structural and practical problems that flow, in my view, from treating acquitted conduct just like convicted conduct under the guidelines...continue to full post

Full post as published by Sentencing Law and Policy on June 04, 2008 (boomark / email).