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First Circuit Affirms Sentences of 35 and 55 Years Imposed Due to Murder Proven by Preponderance Standard

By Douglas A. Berman

In United States v. Avilés-Colón, the First Circuit yesterday held that crimes for which a defendant is not convicted ? including murder ? may be taken into account during sentencing when proven by a preponderance of the evidence. While the defendants in Avilés-Colón were convicted of conspiracy to distribute and possess controlled substances and possession of firearms in furtherance of the conspiracy, the sentencing court employed a base offense level of forty-three after determining, under a preponderance of the evidence standard, that three murders had been committed in furtherance of the conspiracy.  After considering § 3553, the court ultimately gave each defendant a sentence below the life imprisonment dictated by the guidelines, sentencing one defendant to 660 months in prison and the other to 420 months in prison...continue to full post

Full post as published by Sentencing Law and Policy on August 01, 2008 (boomark / email).