Federalist Society podcast on using acquitted conduct at sentencing

A couple of weeks ago, Professor Doug Berman posted over at his Sentencing Law and Policy Blog about the sentencing of Antwuan Ball.  The D.C. Circuit concluded that the district court could properly consider evidence that Ball had run a drug conspiracy, even though the jury had acquitted Ball of running that conspiracy and instead had convicted him only on only a single, hand-to-hand drug distribution count.  Professor Berman criticized the D.C. Circuit’s approach and I blogged in defense of it.  Will Baude weighed in on the issue as well.

If you are interested in the subject, on Thursday, the Federalist Society sponsored a podcast debate between Professor Berman and me.  The link for the hour-long debate is found here.  During the debate, Professor Berman indicated that he will be filing an amicus brief supporting Ball’s Supreme  Court cert petition, so the Supreme Court will have a chance to pass on these issues soon.

Paul G. Cassell teaches criminal law, criminal procedure, and crime victims' rights at the S.J. Quinney College of Law at the University of Utah. He also served as a U.S. District Court Judge for the District of Utah from 2002 to 2007.

opinions

volokh-conspiracy

Success! Check your inbox for details. You might also like:

Please enter a valid email address

See all newsletters

Comments
Show Comments

Sign up for email updates from the "Confronting the Caliphate" series.

You have signed up for the "Confronting the Caliphate" series.

Thank you for signing up
You'll receive e-mail when new stories are published in this series.
Most Read National

opinions

volokh-conspiracy

Success! Check your inbox for details.

See all newsletters

Next Story
David Kopel · April 18, 2014