United States v. James T. Schell

I concur in the majority’s conclusion that sentencing under the “dangerous special offender” provisions of the Organized Crime Control Act requires procedural protections beyond those provided in normal sentencing. However, I dissent from the majority’s conclusion that the “preponderance of the information” sentencing standard specified by these provisions is sufficient to protect the defendant’s due process rights.

I

Section 3575 of the Organized Crime Control Act provides criminal sentences, beyond those specified in the crime charged, for convicted defendants who are identified as “dangerous…