Acquitted Conduct Debate

Acquitted Conduct

Tune in to the latest compelling webisode of Set for Sentencing where our co-founder Mark Allenbaugh debates constitutional law professor, Doug Berman on the future of Acquitted Conduct in Federal Sentencing. 


  • Whether a client should have right to demand that a JURY make the determination as to whether certain sentence enhancements apply;
  • Whether the burden of proof should be beyond a reasonable doubt for sentencing enhancements;
  • Whether there is any meaningful constitutional distinction, between acquitted and uncharged conduct;
  • Whether statutory ranges are too broad, allowing punishment to be untethered to counts of conviction;
  • What can we do about all of it?