Supplemental brief in Sixth Circuit en banc case on acquitted conduct enhancements
As previously detailed here, late last year the Sixth Circuit ordered en banc review in US v. White, a case involving the status of acquitted conduct guideline enhancements in the wake of Booker. Earlier this week, cousel for the defendant in White filed his supplemental brief (available below). This new brief make a number of nuanced arguments about the illegitimacy of sentences based on acquitted conduct in light of old and new Supreme Court decisions.
Especially for anyone involved in a case in which acquitted conduct enhancements may be involved, this supplemental brief is a must-read.