Tuesday, June 13, 2006
Former Mayor Bill Campbell received a sentence of thirty (30) months on his conviction of tax charges. (see AP Newsday here) He had been found not guilty by a jury of charges of racketeering and bribery. See here. The Atlanta Jrl Constitution here reports that the court went beyond the tax charges in sentencing and used obstruction and bribery conduct as a basis for the sentence.
If true, can a judge do this? The sentencing guidelines permit judges to use uncharged conduct as a basis for increasing a sentence. Obstruction conduct can increase a sentence, although under the sentencing guidelines it requires proof of materiality. In this case, Campbell had been charged with bribery, but found not guilty of that charge. It sounds like these may be issues that Campbell will be appealing. Doug Berman's Sentencing Blog has more on using acquitted conduct here.