Federal Sentencing Guidelines: Acquitted Conduct
Many believed that it was unfair for federal judges to use acquitted conduct as a basis for sentencing individuals in federal court. Typically, judges can consider acquitted conduct due to the two standards of proof applied in the conviction and sentencing stages.
During the conviction stage, the burden of proof is “beyond a reasonable doubt.” However, during the sentencing stage, the burden of proof is only “a preponderance of the evidence.” This means that conduct may be acquitted because it did not meet the 'beyond a reasonable doubt' standard, but it could still meet the preponderance of the evidence standard.
The Sentencing Guidelines provide that the base offense level, the specific offense characteristics, and any adjustments are to be determined based upon “relevant conduct.” They define relevant conduct as the range of conduct that is relevant to determining the applicable offense level.
This includes acts the defendant performed in preparation for the offense, during the offense, and following the offense, as well as acts and omissions that were a part of the same course of conduct or common scheme or plan as the offense of conviction.
Since the Supreme Court Justices believed this was unfair, the United States Sentencing Commission changed the rules governing relevant conduct through its Amendment 826, effective November 1, 2024.
What is Amendment 826?
Amendment 826, a significant and crucial reform, revised USSG § 1B1.3 to exclude acquitted conduct from being used as relevant conduct in calculating a sentencing guidelines range. In simple terms, it prohibits federal judges from using acquitted conduct to increase a defendant's sentence through the sentencing guidelines.
Notably, Amendment 826 has an important exception. The new language prohibits conduct stemming from acquitted charges in federal court, but it does not prohibit federal judges from considering state or tribal acquittals in their decisions.
Thus, while Amendment 826 prohibits acquitted conduct from being used by federal judges in determining offense levels during their sentencing guidelines computations, they can still consider acquitted conduct overall when determining the appropriate sentence.
18 U.S.C. § 3661 says, "No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence."
Acquitted Conduct Quick Facts
- Acquitted conduct sentencing, a controversial practice, refers to a judge considering behavior associated with charges a defendant was acquitted of to determine their sentence for a different conviction. This practice, which many consider a violation of the principle that 'not guilty means not guilty,' has been a subject of intense debate.
- The new reforms seek to limit this practice by prohibiting judges from considering acquitted conduct in sentencing, thereby addressing the concerns about fairness and justice.
- The use of acquitted conduct raised concerns because it could lead to a harsher, unwarranted sentence.
- The United States Sentencing Commission (USSC) has implemented changes to the federal sentencing guidelines to prohibit judges from considering acquitted conduct in sentencing.
- Amendment 826, which prohibits the use of acquitted conduct, became effective on November 1, 2024.
- The reform acknowledges the importance of jury verdicts, enhancing the fairness of the criminal justice system.
What if a Judge Violates This Reform?
Although these amendments are now within the federal sentencing guidelines, mistakes or violations can still occur. Perhaps a judge might improperly factor in acquitted conduct during sentencing due to a misunderstanding of the updated rules.
If you believe a judge has violated these guidelines, it's crucial to take immediate action. Challenging a sentencing error requires navigating even stricter rules and timelines. However, with the help of a skilled defense attorney, you can identify the error, prepare the appeal, and advocate for a fairer sentence.
Our experienced federal criminal defense attorneys can give you the best chance of success through the following steps:
- We will analyze your case and sentencing proceedings to identify whether acquitted conduct influenced your penalty.
- If the acquitted conduct was improperly considered, we can file an appeal or seek relief based on the updated federal sentencing rules. This process often involves advocating for a reduced or corrected sentence.
- We can ensure your rights are upheld throughout the entire legal process.
- We will work to minimize penalties and pursue the best possible outcome for your circumstances.
- We can help you understand how the guidelines apply to your case and what options are available.
Federal Sentencing Guidelines
After the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005), the Sentencing Guidelines have been rendered advisory. This means leaving federal criminal sentences to the discretion of the district court, with the guidelines' help and consideration of other factors contained in the laws governing sentence imposition, as well as any applicable statutory minimum and maximum.
The Booker decision held that the Sixth Amendment right to a jury trial requires that any fact (other than a prior conviction) that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt. This decision significantly altered the federal sentencing landscape, giving judges more discretion in sentencing.
18 U.S.C. § 3553(a) requires the judge to impose a sentence that is sufficient, but not greater than necessary. The court must undertake an individualized assessment to determine the appropriate sentence based on the facts presented.
In making this determination, the judge must conduct an independent review of the 3553(a) factors, aided by the arguments of both the prosecution and the defense. Specifically, the judge must consider the following factors:
- The circumstances of the offense.
- The seriousness of the offense.
- The history of the defendant.
- To afford adequate deterrence to criminal conduct.
- To protect the public from further crimes by the defendant.
- To provide the defendant with needed correctional treatment.
If you were already sentenced and believe your sentencing was based on acquitted conduct, contact our federal criminal defense law firm to move forward with a potential reduction motion.
Suppose you are still facing a federal prosecution. In that case, you will need a federal defense attorney who is well-versed in the sentencing guidelines and any new legislation to set you up for the best possible result at your federal sentencing. For more information, contact the Hedding Law Firm, located in Los Angeles, CA.
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