Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Two circuits do ho-hum affirmances of acquitted gun sentencing enhancements

By Douglas A. Berman

Thanks to two readers, I saw on my way out the door this afternoon that both the Fifth Circuit in US v. Casper, No. 06-11381 (5th Cir. July 18, 2008) (available here), and the Tenth Circuit in US v. Salis, No. 06-7111 (10th Cir. July 18, 2008) (available here), today affirmed sentences based on acquitted conduct enhancments.  In both cases, these defendants were acquitted by a jury of a separate 924(c) count of possessing a firearm in relation to a drug trafficking crime, but then received a guideline enhancment based on a judge's finding that they possessed a firearm in relation to a drug trafficking crime. Regular reader know that circuit affirmances of acquitted conduct enhancements are neither new nor surprising.  Nevertheless, I continue to find it sad and telling that so many appellate courts seems to have no qualms at all about affirming sentencing in these situations...continue to full post

Full post as published by Sentencing Law and Policy on July 18, 2008 (boomark / email).