In an effort to appease the robbers, a pharmacist offered them a limited amount of drugs kept outside of the safe: one bottle of hydrocodone as well as promethazine syrup and acetaminophen, which contained codeine. McClinton and company sought pharmaceutical drugs but were largely thwarted by a time-delay safe. In October 2015, Dayonta McClinton and five others robbed a CVS pharmacy at gunpoint. But this decision was not mandated by precedent, which has acknowledged that in extreme cases like McClinton, district courts may use a higher standard of proof for acquitted conduct.
The Seventh Circuit affirmed this use of acquitted conduct. The district court found that the defendant had killed his co-conspirator under a simple preponderance of the evidence standard. the Seventh Circuit had to assess whether the district court erred in considering the murder of a co-conspirator as relevant conduct when sentencing the defendant for a robbery conviction, even though the jury had acquitted him of a charge related to the co-conspirator’s death. Recently, the Seventh Circuit confronted a case that brought into sharp relief the problems with the use of acquitted conduct at sentencing. The Court implicitly upheld United States v. Despite this backlash and evolving sentencing law, the Court has not revisited its original holding, issued in a per curiam opinion without the benefit of oral argument. policy that judges, practitioners, and scholars have condemned ever since. 675, 679 (2014) (quoting Enag Ngov, Judicial Nullification of Juries: Use of Acquitted Conduct at Sentencing, 76 Tenn. Orhun Hakan Yalinçak, Critical Analysis of Acquitted Conduct Sentencing in the U.S.: “Kafka-Esque,” “Repugnant,” “Uniquely Malevolent” and “Pernicious”?, 54 Santa Clara L. We should be working for the people and the greater good of Selma,” he said.In 1997, the Supreme Court explicitly sanctioned the use of acquitted conduct in sentencing, 1 × 1. “Selma’s not going anywhere with the bickering. Watts, who has lived in Ward 5 all his life, said in the end the council and the mayor have to have better teamwork to save Selma. We’re concerned about what’s going to make Selma better. “I’m for industry, but that’s not the job of a councilman. That, he says, is not a councilman’s job, One of the things Watts won’t promise is to bring jobs to Selma. The truth hurts but you have to tell the truth.” “I believe in being firm and fair,” he said. Somewhere we ought to be able to reach an agreement.”Īfter 34 years as a teacher, Watts holds some simple, but firm beliefs. “There’s a word I remember, it’s called compromise,” he said. Watts says he has the key to unlock city council’s problem. “People can forget, they’re not there for their personal aggrandizement.Įvery town has its problems, we should be able to overcome this problem.” “All this haggling over money, that’s not going to help the city,” he said.
One of the ways Watts say the city can move forward is by putting some of the haggling in has held the city back. I see little cities like Prattville progressing, we need to progress.” “We’ve got to move to the future,” he said. Watts stressed that it was time for the city council to help start moving Selma forward.
He also added that we would begin working with the parents to educate them on their responsibilities. “I don’t have an answer but we’ve got to start somewhere.” Watts added that he would support the curfew measure the council has been discussing since it was suggested by the crime task force.
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