1) Some thoughts on the Manafort trial: If he's acquitted on some counts and convicted on others, the Court can consider that acquitted conduct at sentencing, in addition to the convicted conduct!
2) in other words, if Manafort is convicted of one count and acquitted on the rest, it's very likely that the govt will use that acquitted conduct to increase his sentence.
3) The Supreme Court has held there is no constitutional prohibition against considering acquitted conduct at sentencing, if it is relevant, and demonstrated by a "preponderance of the evidence". (US v. Watts, 519 U.S. 148(1997)).
4) It's incredibly frustrating to win an acquittal on some (but not all) counts at trial, and then watch the government blame your client for that same acquitted conduct at sentencing. But it's permissible.
5) If convicted, Manafort needs to watch out for "loss" at sentencing, which can boost a sentence. The guidelines define “loss” as “the greater of actual loss or intended loss,” and provide that the sentencing judge “need only make a reasonable estimate of the loss.”
6) It's the massive dollar amount that blasts Manafort's guidelines "range" of sentence (in months) into the stratosphere. Still, the sentencing guidelines are no longer mandatory, so a judge could sentence below...or above...them.
