United States DC Circuit

Where the sentencing guidelines require the court to determine whether it would have convict the defendant of a particular offense, in order to determine sentencing for a conspiracy charge under USSG 1B1.2(d), it must rely on the higher burden of "beyond a reasonable doubt."

Appellate Information

• Decided 10/30/2001
• Published 10/30/2001

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles B. Klein argued the cause for appellant.   With him on the briefs were Richard A. Hibey and Nathaniel H. Speights.


• For Appellees:
  
• Jeffrey W. Bellin, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, John R. Fisher and Mark H. Dubester, Assistant U.S. Attorneys.