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DC Circuit affirms (but questions fairness of) acquitted conduct enhancement

By Douglas A. Berman

The DC Circuit this morning in US v. Settles, No. 06-3090 (DC Cir. June 27, 2008) (available here), affirms a within-guideline sentence that included an acquitted conduct sentencing enhancement under the guidelines.  Though rejecting Fifth and Sixth Amendment challenges, the panel has this to say about the apparent unfairness of such sentence enhancements:To be sure, we understand why defendants find it unfair for district courts to rely on acquitted conduct when imposing a sentence; and we know that defendants find it unfair even when acquitted conduct is used only to calculate an advisory Guidelines range because most district judges still give significant weight to the advisory Guidelines when imposing a sentence.  At his sentencing, Settles himself cogently explained the point directly to the court: ?I just feel as though, you know, that that?s not right...continue to full post

Full post as published by Sentencing Law and Policy on June 27, 2008 (boomark / email).