Acquitted Conduct in Sentencing

United States v. Dewan Anthony Horne, No. 05-4049 (February 5, 2007): Mr. Horne’s sentence was increased because of his use of a gun, a charge on which he had been acquitted. The Court restated the conventional doctrine that acquitted conduct may be considered, but it did suggest that it might have a different view if the defendant is convicted of a "very minor crime," but sentenced on the basis of serious acquitted crimes. Thankfully, there was no reference to the shopworn language about tails and dogs.