Sentences with phrase «on uncharged»

The guidelines too readily rely on uncharged (and even acquitted) conduct to greatly increase offense levels

«Seventh Circuit upholds upward departure based on uncharged (and unproven?)

Gravity has been measured directly via torsion balance on uncharged spheres.

Not exact matches

Phil Booth, national coordinator of No2ID, told politics.co.uk: «To keep millions of innocent or uncharged people on a criminal database is itself criminal.»

The Jiminez panel indicates, inter alia, that defendants have a burden to dispute the government's prima facie showing on loss, that the potential use of the wrong guideline manual was harmless, and that acquitted conduct can readily be treated exactly the same as uncharged conduct.

In theory, you could take sort of a hybrid approach that allows for judicial fact - finding and reliance on acquitted and uncharged conduct, but without having those facts determine the applicable guidelines range.

Known as acquitted and uncharged conduct sentencing, the practice is raising a sharp question among legal scholars: Should federal judges dole out tougher sentences based on accusations that jurors rejected or never heard during trial?

If there is an error in underwriting, such as the insured being given non smoker rates when they admitted on the application that they smoked, the company will simply charge smoking rates for the policy and remove the excess uncharged rates from the policy proceeds.