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Criminal Law

: Seventh Circuit Blog

Acquitted Conduct in Sentencing

By Bill Theis

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United States v. Dewan Anthony Horne, No. 05-4049 (February 5, 2007): Mr. Horne?s sentence was increased because of his use of a gun, a charge on which he had been acquitted. The Court restated the conventional doctrine that acquitted conduct may be considered, but it did suggest that it might have a different view if the defendant is convicted of a "very minor crime," but sentenced on the basis of serious acquitted crimes. Thankfully, there was no reference to the shopworn language about tails and dogs.

Full post as published by Seventh Circuit Blog on February 12, 2007 (boomark / email).

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