A jury convicted Dayonta McClinton of robbing a CVS pharmacy but acquitted him of murder. A judge gave McClinton an extra 13 years in prison for the killing anyway.
Scalia and Ginsburg have since died, and Thomas remains on the court. But two other justices, Neil Gorsuch and Brett Kavanaugh, have voiced concerns while serving as appeals court judges."Allowing judges to rely on acquitted or uncharged conduct to impose higher sentences than they otherwise would impose seems a dubious infringement of the rights to due process and to a jury trial,” Kavanaugh wrote in 2015.
Jackson replaced Justice Stephen Breyer, who generally favored giving judges discretion in imposing prison terms. Reining in the use of acquitted conduct in sentencing would restrict judicial discretion. Even with the testimony, jurors acquitted McClinton of the most serious charges against him. He should have faced six years in prison, at most.
But Rovner noted that a growing number of federal judges “have questioned the fairness and constitutionality of allowing courts to factor acquitted conduct into sentencing calculations.”McClinton's lawyers argue that the high court's intervention is past due. “Unless this Court resolves this issue, tens of thousands of criminal defendants will continue to be sentenced using sentencing practices that are impossible to square with the Constitution,” they wrote.
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