Osby v. United States

 Brief of Amici Curiae Americans for Prosperity Foundation, the National Association Of Criminal Defense Lawyers, Dream Corps Justice, and the R Street Institute in Support of Petitioner.

Brief filed: 06/30/2021


Osby v. United States

United States Supreme Court; Case No. 20-1693

Prior Decision

Decision below 832 Fed.Appx. 230 (4thCir. Dec. 31, 2020)


Acquitted-conduct sentencing cannot be squared with the Sixth Amendment. The Sixth Amendment requires juries find all facts legally necessary to justify a defendant’s sentence. Reliance on Judge-found facts to triple Mr. Osby’s sentence violates the Sixth Amendment jury trial right. Use of acquitted conduct at sentencing guts the presumption of innocence. The reasonable doubt standard protects against wrongful punishment. Judicial factfinding using the lower preponderance standard to overrule a jury acquittal violates due process. Use of acquitted conduct at sentencing undermines the legitimacy of our criminal justice system. 


Michael Pepson, Americans for Prosperity Foundation, Arlington, VA; Jeffrey T. Green, NACDL, Washington, DC.

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