Sentencing range enhancements based on facts alleged in charges of which a defendant has been acquitted («acquitted conduct») have long been among the most controversial features of the Federal Sentencing Guidelines, in part because acquitted conduct enhancements effectively nullify the jury's determination in a criminal case. (sentencing.typepad.com)
«In short, the plaintiffs have failed — both as a matter of statutory interpretation and as a matter of facts alleged — to state a claim that the [FHFA] acted outside its authority as a conservator and thereby lost the protection of section 4617 (f),» according to the appellate panel. (dailyreportingsuite.com)
Whether it be a First Amendment case or a mesothelioma injury, a plaintiff must plead facts alleging injury and causation in order for a court to hear the case. (accidentinjurylawyerblog.com)