Juror Number 6

Federal judges are allowed, in imposing a sentence, to consider alleged criminal conduct against a defendant, even if the trial jury has already acquitted the defendant of those very charges. The sentencing court can use this “acquitted conduct” to increase the defendant’s sentence, provided that a preponderance of the evidence supports the allegations. 

Today’s Washington Times has an interesting piece here by Jim McElhatton on the late Jim Caron, aka Juror Number 6. Caron sat for 10 months on a DC federal jury whose members ultimately acquitted defendant Antwuan Ball of all serious charges, convicting the defendant on only a minor drug count. When Caron found out that the government wanted Ball to get 40 years in prison and was using Ball’s acquitted conduct as part of its argument, Caron became furious and wrote a letter of complaint to the trial court. That letter has taken on a life of its own, and has been cited in federal appellate opinions and legal briefs.