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.