, Trump’s first appointee to the high court, authored the 6-3 majority opinion that held the Constitution required, before applying a sentencing enhancement under the Armed Career Criminal Act, that a jury unanimously find the sentence-enhancing conditions of the statute. Several lawyers on Friday analyzed the decision as a promising sign for Trump, who wasby a New York jury on 34 counts of falsifying business records to conceal hush money payments.
“Erlinger will no doubt be part of President Trump’s appeal of the jury verdict and Judge Merchan’s sentence,” said Jeffrey Clark, a former Trump administration Justice Department official who is also a co-defendant alongside the former president in the Fulton County 2020 election interference case.
Gorsuch added that “judges may not assume the jury’s fact-finding function for themselves, let alone purport to perform it using a mere preponderance-of-the-evidence standard.”
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