USSC addresses Acquitted Conduct

After many years of unsuccessful litigation, it appears that being sentenced for “acquitted conduct” will finally end. We know this sounds unusual, but for many years a federal defendant, for instance, would proceed to trial on two counts, three or more counts. If they were only convicted of one count and acquitted of the remaining counts, At sentencing the court was able to sentence that defendant AS IF they were in fact found guilty of the offenses for which he was acquitted. In the Proposed 2024 Amendments to the Guidelines the United States Sentencing Commission will be making it clear that “acquitted” conduct is not deemed “relevant conduct” and cannot be used at sentencing It is about time, as too many federal inmates are there because they were sentenced as if they actually committed the conduct for which they were acquitted. For more information, feel free to contact National Prison & Sentencing Consultants at 615-696-6153