Home -> Law Blog Directory -> Public Defense Blogs -> Fifth Circuit Blog

Public Defense

: Fifth Circuit Blog

Excellent Opinion On Relevant Conduct; Rejects Speculative Findings and Incorrect Allocation of Burden of Proof

United States v. Rhine, No. 08-10502 (5th Cir. Sept. 29, 2009) (Wiener, Garza, Elrod)Stop me if you've heard this one before: defendant is convicted of a drug charge based on a relatively small amount of drugs, but relevant conduct findings concerning drug quantity jack the Guidelines range over the statutory maximum on that count, aided and abetted by a felon-in-possession count. Fortunately

Full post as published by Fifth Circuit Blog on October 01, 2009 (boomark / email).