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Another acquitted conduct sentencing affirmed

By Douglas A. Berman

The Eighth Circuit today in US v. Canania, No. 07-1078 (8th Cir. July 14, 2008) (available here), affirms another long federal sentence than includes acquitted conduct enhancements. That fact alone does not make Canania especially notable, but the concurrence added by Judge Bright makes the ruling blogworthy.  Here is how that concurrence begins:Bound by Supreme Court and Circuit precedent, I reluctantly concur with my colleagues in affirming Canania?s and Robinson?s convictions and sentences.  I write separately to express my strongly held view that the consideration of ?acquitted conduct? to enhance a defendant?s sentence is unconstitutional.Some related posts on acquitted conduct sentencing enhancements: Extended examination of ugliness of acquitted conduct enhancement Strong commentary on acquitted conduct sentencing DC Circuit affirms (but questions fairness of) acquitted conduct enhancement Sincere questions about acquitted conduct sentencing Amicus brief in Sixth Circuit acquitted conduct case focused on statutory issues The friendly themes to be stressed in Sixth Circuit acquitted conduct casecontinue to full post

Full post as published by Sentencing Law and Policy on July 14, 2008 (boomark / email).