United States v. Sean Combs
Brief Details
- Case No.: 25-2623-cr
- Brief Filed: December 30, 2025
- Jurisdiction: 2nd Circuit Court of Appeals
Key Topics in the Brief
Briefs
We argue that the acquitted conduct guideline permits consideration of such conduct only when it proves an element of the offense of conviction, not when it is merely relevant to that offense. The sentencing court found that if the acquitted conduct was relevant, it could be used to impose a sentence–and it did so. We also argued that the Fifth and Sixth amendments prohibit consideration of acquitted conduct under 18 U.S.C. §§ 3553(a) and 3661.
Author(s)
John D. Cline, Seattle, WA; Marlo Pfister Cadeddu, Dallas, TX; Richard D. Willstatter, White Plains, NY, Vice Chair, NACDL Amicus Curiae Committee
