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Brief in Support of Certiorari
U.S. Supreme Court
The federal courts of appeals currently permit sentencing judges to impose a punishment that is based on criminal charges that the jury actually rejected. In this amicus brief, we argue to end the continuation of this unconstitutional practice, known as acquitted conduct sentencing. SCOTUS has repeatedly directed sentencing courts to adhere to the Sixth Amendment by ensuring any sentence imposed derives from the jury’s verdict and does not functionally exceed what would have been permitted by that verdict.
Petition for certiorari denied June 30, 2023. Justices Sotomayor, Kavanaugh, Gorsuch, and Barrett joined in raising objections to the denial, which you can read here.
Brief in Support of Certiorari
U.S. Supreme Court
A jury acquitted the defendant of the most serious charges against him, but the judge at sentencing decided to base sentencing calculations and his 20-year sentence on jury-rejected facts. In this amicus brief, we argue sentence enhancements based on jury-rejected facts undermine the jury’s constitutionally-defined role in our criminal system and the protections of the Fifth and Sixth Amendments.
Petition for certiorari denied February 22, 2022.
We thank Professor Douglas Berman for his pro bono work on this case.
Amicus Brief in support of Certiorari
U.S. Supreme Court
Filed Aug. 13, 2019
TOPIC: acquitted conduct sentencing
In this brief, we argue that the 6th Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants.
OUTCOME: Unfortunately, the petition for certiorari was denied Feb. 24, 2020.
Amicus Brief in Support of Certiorari
U.S. Supreme Court
Filed Dec. 20, 2018
TOPIC: acquitted conduct sentencing
We argue the 6th Amendment right to a jury trial prohibits judges from basing sentences on charges for which juries have acquitted criminal defendants.
Due Process Institutes wishes to thank Timothy O’Toole and Sarah A. Dowd of Miller & Chevalier for their pro bono work on this case.
OUTCOME: Unfortunately, the petition for certiorari was denied on Jan. 14, 2019.