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.

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.