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by dragonwriter
3912 days ago
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That's not true. The murder-for-hire scheme wasn't simply "related conduct": it was also a predicate of the conspiracy charge, which had to sustain a "reasonable doubt" standard at trial It was not a predicate, it was one of three different overt acts charged in furtherance of the conspiracy. At least one overt act must be found for a conspiracy charge, but the charge to the jury did not require separate factual findings on each charged overt act. While each juror must have found it true beyond a reasonable doubt that he committed some overt act in furtherance of the conspiracy, we don't know if all, some, or none of them found the murder for hire one to have been proven. So, really, there was no meaningful finding relating to the murder for hire allegation at trial; in sentencing, yes, what you say about it as an accelerator is accurate. |
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