6th Circ. Says Judge Can Poll Jury On Sentencing Guidelines

By Rick Archer (June 29, 2016, 8:41 PM EDT) -- The Sixth Circuit found Wednesday in an issue of first impression that an Ohio federal judge did not err in taking the opinions of the jury into consideration in his decision to hand down a minimum sentence to a man convicted of child pornography distribution.

In a published opinion, the panel rejected the government's argument that Judge James Gwin blurred the roles of the judge and jury when he took a jury poll into consideration before sentencing Ryan Collins to a the legally minimum prison term of two concurrent five-year terms, well below the calculated sentencing guidelines that call for 22 to 27...

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