Sentencing Law-Sixth Circuit Affirms Sentence Enhancement Based on Acquitted Conduct-United States v. White, 551 F.3d 381 (6th Cir. 2008)

The Sixth Amendment to the United States Constitution provides a criminal defendant with the right to a trial by an impartial jury.  If a jury convicts a criminal defendant, the United States Sentencing Guidelines (Sentencing Guidelines) provide guidance to federal judges for determining sentence length.  In United States v. White, the United States Court of Appeals for the Sixth Circuit considered whether a district court violates the Sixth Amendment when it uses conduct of which the jury acquitted the defendant to enhance the defendant’s sentence.  The court, in a 9-6 opinion, held that the district court did not violate the defendant’s right to a jury trial by basing sentencing enhancements on acquitted conduct. . .