United States v. Sean Combs
- Case No.: 25-2623-cr
- Jurisdiction: 2nd Circuit Court of Appeals
- Brief Filed: December 30, 2025
Briefs
Argument(s)
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
