In U.S. v. Faust, No. 05-11329 (July 21, 2006), the Court reaffirmed that, post-Booker, it does not violate the Sixth Amendment for a sentencing judge to enhance a defendant’s sentence based on conduct for which he was acquitted by a jury.
Faust was convicted of a single count of possessing cocaine with intent to distribute, but acquitted of all three remaining counts of possession of ecstasy with intent to distribute, possession of a firearm as a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime. At sentencing, however, the judge enhanced Faust’s sentence based on ecstasy quantities, and based on possession of a dangerous weapon.
The Court first rejected Faust’s challenge to the sufficiency of the evidence, finding sufficient connection between Faust and the apartment at which cocaine was found to support his conviction.
The Court also rejected Faust’s challenge to the acquitted conduct-based sentence enhancements, standing by its prior resolution of this issue in U.S. v. Duncan, 400 F.3d 1297 (11th Cir. 2005). [Barkett, J., concurred in this result, stating that she was bound by Circuit precedent, but noted that the precedent was incorrect, because factual findings by a judge ought to assess "contextual matters" such as the status of the victim, or the defendant’s role in the offense, not facts which constitute entirely free-standing offenses.]
