US Supreme Court Should Tackle Acquitted Conduct Sentencing
A federal district court judge used a crime for which the jury declined to convict Dayonta McClinton at trial to increase his prison sentence by more than 220%.
That is why Americans for Prosperity Foundation and many others are urging the court to at least accept this case so that it can hear arguments from both sides about the constitutionality of this concerning practice. A growing coalition of voices is also joining us in that call.
This includes organizations like the Niskanen Center, Right on Crime, the R Street Institute, the Sentencing Project, Dream.org Justice, and the National Association of Criminal Defense Lawyers.
Others urging the court to reconsider this questionable practice include the National Association of Federal Defenders, FAMM, the Cato Institute, and respected federal sentencing expert Doug Berman.
There is also additional reason for hope in this case. On July 14, the Supreme Court asked the government to formally respond to McClinton’s cert petition. This suggests that there is at least some interest on the court in considering this issue, as it previously didn’t take this action in multiple prior cases.
People from across the ideological spectrum are asking the court to finally consider and resolve this issue.