In its highly anticipated ruling, the Salman Court reaffirmed Dirks and its personal benefit requirement, but failed to provide clarity about the scope and application of the personal benefit requirement outside of
the narrow facts presented in Salman.
Not exact matches
In
fact, the only question in the
present questionnaire that appears to reflect an «extremely
narrow» focus on insincerity of a prospective oath taker — Question 27 (a)-- was drafted by the District Court as part of its final order.
Amicus further highlights that this case
presents the
narrowest and most troubling instance of such a Sixth Amendment problem — namely express judicial reliance on so - called «acquitted conduct» involving jury - rejected, judge - discovered offense
facts to calculate an enhanced Guideline sentencing range and thereby justify an aggravated sentence.