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Sentencing Law and Policy
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Among many big amendment questions, will the new USSC promulgate new guidelines to limit acquitted conduct enhancements?

By Douglas Berman

As flagged in this post a few weeks ago, we can expect the US Sentencing Commission to vote to promulgate its first set of new guidelines amendments in five years later today.  Specifically, the announcement here on the Commission’s website notes that “a public meeting of the Commission was scheduled for Wednesday, April 5, 2023, at 2:00 p.m.” and that the agenda will include a “Vote to Promulgate Proposed Amendments.”  As I have explained before, and as detailed in some of the prior posts below, there has been significant debate about the significant draft proposed amendments that were released by the USSC earlier this year.  One of those possible amendments in newly discussed in this lengthy Bloomberg Law piece titled “Sentencing Commission to Vote on Handling of Acquitted Conduct.”  Here are excerpts (with links from the original):

The US Sentencing Commission is expected on Wednesday to vote on an amendment that would eliminate acquitted conduct from the definition of relevant conduct for purposes of calculating the guidelines range.

Judges would still be able to consider acquitted conduct that was proven beyond a reasonable doubt or admitted by the defendant in plea proceedings or a colloquy.

The amendment has wide support from the defense bar, current and former federal judges, and three US Senators, although some say it won’t completely solve the problem.

Others, including the Victims Advisory Group, oppose the changes, arguing that courts need to be able to consider the full context of an offense. In its opposition, the Department of Justice emphasized the difficulty judges may have in determining what conduct they can or can’t consider.

In addition to perhaps addressing acquitted conduct, the Commission will also certainly put forward amendments concerning the grounds for compassionate release which will certainly impact many prisoners nationwide. A number of other possible amendments being considered by the Commission could also prove quite consequential. Interesting times.

A few recent related posts: