Sentences with phrase «uncharged conduct»

One thing the Libby case presents a good teaching point for is that the ability of a judge to consider uncharged conduct or crimes (or for that matter acquitted crimes) in sentencing is one of the main drivers of uncertainty in the Sentencing Guidelines.

With uncharged conduct, the maxmimum to minimum sentence ratio is about about ten.

Without uncharged conduct, the maximum to minimum sentence ratio is about two and a half.

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?

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.

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.

Not exact matches

Reconstitution of AmtB into vesicles shows that AmtB conducts uncharged NH3.

But my point is simply that there's a middle position between «no consideration of uncharged / acquitted conduct» and «use uncharged / acquitted conduct to calculate the guidelines range, with all the attendant consequences it entails.»

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