Posted On: August 9, 2008
U.S. COURT OF APPEAL TO REVIEW WHETHER OR NOT SENTENCING COURT CAN USE "AQUITTED CONDUCT" TO ENHANCE A CRIMINAL SENTENCE
The Sixth Circuit United States Court of Appeal heard oral argument in June on the issue of whether or not "acquitted conduct" may be used to enhance a sentence after a subsequent criminal conviction. On its face, the practice seems patently unconstitutional.
For more on the matter, including references to recently published article, see:
http://sentencing.typepad.com/sentencing_law_and_policy/
