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United States v. Trudeau
Brief of National Association of Criminal Defense Lawyers as Amicus Curiae in support of Appellant.
Argument: The Supreme Court’s Apprendi jurisprudence, not its decision in Watts, governs Sixth Amendment questions about the permissibility of judicial fact-finding in criminal cases. Application of the controlling Sixth amendment analysis from Apprendi is not foreclosed by precedent. This case presents an excellent vehicle for revisiting this Court’s acquitted conduct jurisprudence because it highlights the important policy interests that are implicated when a sentence effectively nullifies a jury’s verdict.