Can a Judge Consider “Acquitted Conduct” in Determining a Drug Trafficking Sentence?

In any criminal trial, the government must prove a defendant’s guilt “beyond a reasonable doubt.” Without such proof, the jury must acquit the defendant. But what happens when a jury finds a defendant guilty on some charges but not others in the same case? Can the trial court still consider the “acquitted conduct” in determining the defendant’s sentence?

Defendant Receives 130-Month Sentence Following Fentanyl-Linked Death

The United States Court of Appeals for the 11th Circuit recently addressed these questions in a federal drug trafficking case. In brief, prosecutors alleged the defendant illegally distributed fentanyl, a powerful opioid, and this led to the death of a 25-year-old man who drowned in a swimming pool. A subsequent autopsy found the victim had fentanyl in his system and that “directly led to the drowning and death.” Prosecutors maintained the victim purchased the fentanyl from a street dealer, who in turn obtained his supply from the defendant.

A federal jury found the defendant guilty of drug conspiracy, i.e., that he conspired with others to distribute fentanyl and that he did, in fact, distribute fentanyl. But the jury also found that this “drug conspiracy” did not lead to the victim’s death. The jury also found the defendant guilty of two additional drug charges arising from events unrelated to the victim’s death.

Despite the jury’s verdict, at sentencing the trial judge found that the evidence established that the victim’s death “was caused by, that death resulted from relevant conduct of the defendant” related to the drug conspiracy conviction. Taking this and other factors into account under the federal sentencing guidelines, the judge imposed a sentence of 130 months in federal prison.

On appeal, the defendant argued the trial court should not have considered the victim’s death at all in the sentencing calculation based on the jury’s acquittal. The 11th Circuit disagreed. Citing prior case law, the appellate court explained that “acquittal on criminal charges does not prove that the defendant is innocent; it merely proves the existence of a reasonable doubt as to his guilt.” So when applying the federal sentencing guidelines, a trial court may consider “relevant acquitted conduct” as long as the facts are proven by a “preponderance of the evidence” and the final sentence does not exceed the maximum allowed by the jury’s verdict.

To be clear, the judge’s decision to take the victim’s death into account significantly increased the sentencing range. The 11th Circuit noted the trial court added 67 months–more than 5 years–to the sentencing range by holding the defendant responsible for the victim’s death. Nevertheless, the appeals court said the trial judge’s decision was not “substantively unreasonable.”

Contact an Orlando Drug Trafficking Lawyer Today

State and federal prosecutors often look to “throw the book” at persons accused of drug trafficking when they can tie such activities to a person’s death. This is why it is essential to work with an experienced Orlando drug trafficking lawyer who can provide you with a zealous defense. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.

Source:

https://scholar.google.com/scholar_case?case=11380785157069769037