Federal Sentencing Tips


Does Presumption of Innocence Preclude Use of Acquitted Conduct at Sentencing

The U.S. Supreme Court will soon decide whether to review a case involving sentencing of Vincent Asaro, a long-time capo for the Bonanno crime family. Federal sentencing and prison experts Alan Ellis and Mark Allenbaugh say if the court ultimately finds the presumption of innocence precludes not just the use of acquitted conduct, but of uncharged and acquitted conduct, it will forever and fundamentally change how sentences are imposed—and that would be a good thing.

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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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