More on acquitted conduct sentencing in Campbell case

Earlier this week, as noted in this post, former Atlanta Mayor Bill Campbell sentenced based in part of the consideration of conduct relating to corruption charges on which Campbell had been acquitted at trial.  My post on the acquitted conduct issue generated this thoughtful comment debate, and now the ALM Daily Report has this follow-up article noting the buzz around the Campbell sentencing.  Here’s a snippet:

At issue is that portion of U.S. District Judge Richard W. Story’s sentence that was based on his finding that Campbell had taken $55,000 in illegal bribes from a city contractor. Story used a preponderance-of-the-evidence standard, but in March, using the more stringent beyond-a-reasonable-doubt standard, a jury had acquitted Campbell of bribery charges following an eight-week trial.

A Weblog on sentencing issues maintained by Douglas Berman, a law school professor at Ohio State University, was buzzing with activity over the Campbell sentence this week.  Visitors weighed in with the same arguments that have been lobbed back and forth since the federal sentencing guidelines were promulgated in 1987.