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shadowgovt01/22/20251 replyview on HN

Fascinating. It is news to me that a federal court can consider the evidence for crimes not proven beyond a reasonable doubt in a criminal sentencing. Learn something new every day.

Since he was sentenced federally, he'd be under the federal sentencing guidelines, but I imagine those are pretty harsh around the money laundering and drug trafficking (since they're tuned to provide a hammer to wield against mostly narco-enterprises). I suppose the additional preponderance of evidence gave the judge justification to push the sentence to the maximum allowed in the category?


Replies

FireBeyond01/22/2025

It’s extremely common in for example diversion cases and others, where the defendant has to stipulate that they are agreeable to things being presented as in charging documents and evaluated based on preponderance by a court, not by a jury and not subject to principles of reasonable doubt.