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: How Appealing

By a vote of 9-6, the en banc Sixth Circuit holds that a federal district court may enhance a convicted criminal defendant's offense level under the federal Sentencing Guidelines based on conduct underlying offenses for which the defendant was acquitted

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By a vote of 9 to 6, the en banc Sixth Circuit holds that a federal district court may enhance a convicted criminal defendant's offense level under the federal Sentencing Guidelines based on conduct underlying offenses for which the defendant was acquitted: You can access today's ruling at this link.

The central holding of the majority opinion is that "[s]o long as the defendant receives a sentence at or below the statutory ceiling set by the jury's verdict, the district court does not abridge the defendant's right to a jury trial by looking to other facts, including acquitted conduct, when selecting a sentence within that statutory range." The majority opinion explains that "[the defendant] thus is not being 'sentenced for acquitted conduct' when [the defendant's] sentencing judge takes that conduct into account in determining a sentence for the crime of which [the defendant] was convicted, as long as the sentence imposed falls within the range prescribed by law for that convicted conduct."

Full post as published by How Appealing on December 24, 2008 (boomark / email).