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Acquitted Conduct post-Booker and Continued Vitality of U.S. v. Watts

By Tom Lincoln

Professor Berman had reported at Sentencing Law and Policy here on Judge Gertner's decision in US v. Pimental, No. 99-10310-NG (D. Mass. April 15, 2005). Judge Gertner has now issued an Amended Sentencing Memorandum in US v. Pimental,  No. 99-10310-NG (D. Mass. April 21, 2005). This is a very interesting case in which Judge Gertner deals with acquitted conduct as well as the standard of proof post-Booker.  The conduct that the Government had urged the Court to consider at sentencing "is the very same conduct that the jury considered and of which they acquitted the defendant. At issue, then, is the continued vitality of the Supreme Court?s decision in United States v. Watts, 519 U.S. 148 (1997), which upheld an increased sentence for the defendant based on acquitted conduct, in light of its recent decision in Booker...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on April 30, 2005 (boomark / email).