Sentencing Tips


Does an Acquittal Now Matter at Sentencing? Reining In Relevant Conduct Through a Recent Restitution Ruling

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.  

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About Alan Ellis
Alan Ellis is a criminal defense lawyer with offices in San Francisco and New York, with 50 years of experience as a practicing lawyer, law professor and federal law clerk. He is a nationally recognized authority in the fields of federal plea bargaining, sentencing, prison matters, appeals, habeas corpus 2255 motions and international criminal law.

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