It's the job of a jury to sort through the facts of a case to determine guilt or innocence. But even if the panel chosen for that task decides in favor of the accused, a judge can always go beyond their findings in deciding on a sentence.
The legality of that practice as it plays out in federal court is being brought to the forefront in United States of America v. William A. Trudeau Jr. Lawyers say that a lengthy prison sentence, which was recently the subject of an appeal before the U.S. Court of Appeals for the Second Circuit, could lead to a review of federal court sentencing laws by the U.S. Supreme Court.
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