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Second Circuit affirms sentence increased over 16 years based on acquitted conduct

By Douglas A. Berman

Though obscured by other issues (including mob-related facts) and a complicated discussion of the conspiracy guidelines, it appears that the Second Circuit's decision today in US v. Yannotti, No. 06-5571 (2d Cir. Sept. 4, 2008) (available here), is another case in which a circuit has found reasonable a large sentence increase based on acquitted conduct.  Here are key details from the opinion (set forth here a bit out of sequence for clarity):The Probation Officer calculated his Guidelines range as 37-46 months? imprisonment and recommended a sentence of 41 months.... The district court sentenced Yannotti in November 2006 and concluded that conduct which the jury had not found proven by the government should, nevertheless, be considered in calculating his applicable Guidelines range...continue to full post

Full post as published by Sentencing Law and Policy on September 04, 2008 (boomark / email).