Jorge Eduardo Nava v. United States
Nava's federal Guideline sentencing range for his cocaine convictions was increased by 11 to 16 years' imprisonment based on the judge's finding by only a preponderance of the evidence that he was criminally liable for an uncharged and unadjudicated metham phetamine offense and that it was relevant conduct. Does the Fifth Amendment's Due Process Clause require a heightened standard of proof to dramatically increase a criminal defendant's prison sentence for the offense of conviction based on a judge's finding that he was criminally liable for an unrelated, uncharged, and unadjudicated offense?
Does the Fifth Amendment's Due Process Clause require a heightened standard of proof to dramatically increase a criminal defendant's prison sentence for the offense of conviction based on a judge's finding that he was criminally liable for an unrelated, uncharged, and unadjudicated offense?