How have courts treated the distinction between charged and uncharged conduct and the standard of proof in cases of severe penalty increases?
MultiRegion, United States of America
The following excerpt is from U.S. v. Harrison-Philpot, 978 F.2d 1520 (9th Cir. 1992):
The charged versus uncharged conduct distinction plays itself out in the only other case in which a severe penalty increase prompted a circuit court to impose a higher standard of proof. United States v. Kikumura, 918 F.2d 1084 (3d Cir.1990). 1 The Third Circuit concluded that findings leading to a "twelve-fold, 330 month departure from the median of an applicable guideline range" must be made by clear and convincing evidence. Id. at 1101-02.
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