by Tonyd621 » Mon Sep 05, 2022 6:51 am
My question is how can a judge give someone that much jail time despite being a acquitted of the charges? How often does this happen? Legalities behind it? Etc anybody? Wouldn't he win a reversal, new trial or reduced sentence on appeal?
There is this quote in the doj document from October 11 2012
"At trial, the jury acquitted Fusco of the murder charges, but Judge Castel found by a preponderance of the evidence at sentencing that Fusco committed the murders."
https://archives.fbi.gov/archives/newyo ... ion-crimesMy question is how can a judge give someone that much jail time despite being a acquitted of the charges? How often does this happen? Legalities behind it? Etc anybody? Wouldn't he win a reversal, new trial or reduced sentence on appeal?
There is this quote in the doj document from October 11 2012
"At trial, the jury acquitted Fusco of the murder charges, but Judge Castel found by a preponderance of the evidence at sentencing that Fusco committed the murders."
https://archives.fbi.gov/archives/newyork/press-releases/2012/genovese-family-soldier-sentenced-to-25-years-in-prison-for-racketeering-and-extortion-crimes