'The defense counsel...surely will argue that the judge should not take acquitted conduct into consideration,' a former federal prosecutor told Newsweek.
, Greene, 39 was previously found guilty of"entering and remaining in a restricted building or grounds, a misdemeanor," while Caldwell was acquitted of seditious conspiracy but found guilty on other felony charges.
Men belonging to the Oath Keepers wearing military tactical gear attend the"Stop the Steal" rally on January 6, 2021, in Washington, D.C. In June 2023, the Supreme Court discussed the use of acquittals in sentencing hearings, which may impact some Oath Keepers cases.
"The defense counsel in the Oath Keepers case surely will argue that the judge should not take acquitted conduct into consideration, but under the current federal sentencing guidelines, the judge can consider acquitted conduct in fashioning a federal sentence," McAuliffe told.
that judges are allowed to use"relevant conduct" when determining sentencing, which includes uncharged, dismissed, or acquitted conduct. Rahmani explained that a not guilty verdict for a defendant does not necessarily mean they are innocent, but instead, it shows that"the prosecution was not able to prove their case beyond a reasonable doubt."
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