Sentencing Reform Advocates Hail Landmark Acquitted Conduct Amendment to U.S. Sentencing Guidelines

The U.S. Sentencing Commission’s Recent Amendment on Acquitted Conduct: A Step Towards a More Constitutional Sentencing System

Washington, D.C. – In a major victory for sentencing reform advocates, the U.S. Sentencing Commission has amended the U.S. Sentencing Guidelines to preclude the consideration of acquitted conduct at sentencing. This amendment, which goes into effect on August 1, 2024, marks a significant step towards a more constitutional and equitable sentencing system.

National Federal Sentencing experts Mark Allenbaugh and Alan Ellis,  have teamed up to analyze the implications of this amendment in their latest Law360 Article. In the article, they explain how this change will impact the sentencing process and highlight the need for further reform to address the broader issue of relevant conduct and dismissed conduct.

Summary of Analysis
The amendment precludes the consideration of acquitted conduct for purposes of calculating the advisory sentencing guidelines, but does not preclude judges from considering acquitted conduct for purposes of varying from the guidelines. While this change is a step in the right direction, its practical impact may be limited due to the narrow scope of the amendment.

The analysis also highlights the need for further reform to address the broader issue of relevant conduct, which includes not only acquitted conduct but also dismissed and uncharged conduct. The government and several sitting justices have recognized that the use of acquitted conduct, dismissed conduct, and uncharged conduct violates the U.S. Constitution when used to increase the penalty to which a defendant is exposed.

Download the Full Analysis
To read the full analysis, including the implications of this amendment and the need for further reform, download the PDF here below.

AcquittedConduct.com now live!

In related news, SentencingStats.com has developed https://AcquittedConduct.com as a free resource for attorneys, advocates, the media and the public to track the issue. The site will serve as a clearinghouse for Acquitted Conduct related information, news, videos, articles and more. 

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