United States v. Jacobs

OPINION OF THE COURT

This is a direct appeal in a criminal case. We find Jacobs’s claims to be without merit and affirm the District Court’s judgment and sentence.

First, even though the jury acquitted Jacobs of the conspiracy count, the District Court properly increased his sentence based on his significant involvement in the distribution of approximately 11 kilos of crack cocaine. See United States v. Miele, 989 F.2d 659, 663 fn. 3 (3d Cir. 1993). While we agree with the District Court that the proper standard for the District Court to use was “preponderance of the evidence” and not “clear…