Russell Hampton v. United States
DueProcess
Whether a jury must be instructed that it cannot convict unless it finds the defendant 'ratified' his participation in a charged conspiracy by post-majority misconduct
QUESTIONS PRESENTED Whether, to comply with the Juvenile Delinquency Act, a jury must be instructed that it cannot convict unless it finds that the defendant ‘ratified’ his participation in any charged conspiracy by engaging in post-majority misconduct (SPLIT IN CIRCUITS). Whether, where a PSR is revised to increase the sentencing guidelines range after a defendant prevails on appeal, not based on any new information about the crimes or any new misconduct by the defendant, a presumption of retaliation should apply regardless of whether the sentence ultimately imposed is harsher than the original sentence. 2