United States v. Trudeau

Brief of National Association of Criminal Defense Lawyers as Amicus Curiae in support of Appellant.

Brief filed: 08/16/2013


United States v. Trudeau

2nd Circuit Court of Appeals; Case No. 13-769

Prior Decision

On appeal from the United States District Court for the District of Connecticut No. 3:10CR234 (JCH).


The Supreme Court’s Apprendi jurisprudence, not its decision in Watts, governs Sixth Amendment questions about the permissibility of judicial fact-finding in criminal cases. Application of the controlling Sixth amendment analysis from Apprendi is not foreclosed by precedent. This case presents an excellent vehicle for revisiting this Court’s acquitted conduct jurisprudence because it highlights the important policy interests that are implicated when a sentence effectively nullifies a jury’s verdict.

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Timothy P. O’Toole, Miller & Chevalier Chtd., Washington, DC; Richard Willstatter, White Plains, NY.