Alan Ellis, Mark Allenbaugh and Doug Passon discuss a U.S. Supreme Court decision examining the use of acquitted conduct at sentencing. The authors argue that based on the high court’s ruling, only facts arising out of a final conviction, and not elements of acquit- ted, dismissed, or uncharged crimes, may be considered at sentencing.
Does an Acquittal Now Matter at Sentencing? Reining In Relevant Conduct Through a Recent Restitution Ruling
By Alan Ellis