“A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.”
No CRS summary available for this bill.
This section prohibits federal courts from considering acquitted conduct when imposing an appropriate sentence, except for purposes of mitigating the sentence, by amending 18 U.S.C. 3661 (which currently imposes no limits on such information). (Thus, acquitted conduct cannot support sentence enhancements but may support reductions.) It defines "acquitted conduct" in new 18 U.S.C. 3673(b) as (1) an act charged and adjudicated not guilty after trial in federal, state, or tribal court, or for which a juvenile was found not responsible after an adjudication hearing; or (2) any act underlying a charge or juvenile information dismissed on a motion for acquittal (i.e., Federal Rule of Criminal Procedure 29 or an analogous state or tribal rule). The prohibition applies only to judgments entered on or after the date of enactment.