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Judge Kavanaugh in 2009: I think acquitted conduct should be barred from the guidelines calculation. I blogged here about how Justice Kennedy s replacement would likely be a greater supporter of jury trial rights, and I blogged here and here and here about folks noticing Judge Brett Kavanuagh s notable statement in the 2015 Bell case (available here) that [a]llowing judges to rely on acquitted or uncharged conduct to impose higher sentences than they otherwise would impose seems a dubious infringement of the rights to due process and a jury trial. But there is still more to this story as we await Judge Kavanaugh s confirmation hearing, and I realized as much thanks to this recent piece at the Brennan Center s website. ....