White En Banc today

United States v. White, dealing with the propriety of the use of acquitted conduct at sentencing is being argued en banc this afternoon. White was the two page opinion last October that stated that two of the three members of the panel had voted to reverse the sentence before United States v. Mendez was decided, upholding the use of acquitted conduct. The panel in White specifically requested that the defendant seek this en banc review.

Douglas Berman of Sentencing Law and Policy blog fame has a post on his role arguing for the amici in White.