Another “Set for Sentencing” podcast focused on acquitted conduct and uncharged conduct and other hot sentencing topics

In a number of past posts, I have highlighted the great podcast created by Doug Passon, a defense attorney and documentary filmmaker, which is called “Set for Sentencing.”  I probably should blog about every new weekly episode because Doug produces, week in and week out, a whole lot of terrific sentencing content (and folks can catch up at this archive) 

I have been honored to speak on the “Set for Sentencing” podcast a few times, and I have had the distinct pleasure of discussing “acquitted conduct” sentencing on the blog multiple times.  As noted via this post from January, Mark Allenbaugh and I first spoke with Doug Passon about proposed amendment to the US Sentencing Guidelines on acquitted conduct and SCOTUS consideration of the issue in an episode titled, “PRESUMED GUILTY: Using Acquitted, Dismissed, and Uncharged Conduct to Increase Sentences.” 

This summer, in the wake of the US Sentencing Commission opting not (yet) to move forward with any Guideline amendments and SCOTUS seemingly deferring to the Commission on this issue, Mark Allenbaugh and I got back together with Doug Passon to tape another episode.  This one is brilliantly titled, “Acquitted Conduct Revisited: Mmmmm… Flavors of Evil.”  This new podcast discusses the latest (lack of) developments on acquitted conduct, and also includes some heated discussions of whether and how we ought to distinguish between acquitted conduct and uncharged conduct.  Among other things I learned via this podcast, the definition of “uncharged conduct” can be as unclear as any definition of “acquitted conduct.” 

Some of many prior related posts:

• If you never tire of acquitted conduct talk, here is a podcast episode for you 
• Hoping and pushing for SCOTUS finally taking up acquitted conduct sentencing enhancements 
• After US Sentencing Commission deferred on issue, Supreme Court back to conferencing acquitted conduct cases
• In final order list of Term, Supreme Court grants cert on big new Second Amendment case and denies/punts cert on acquitted conduct cases 
• Inartful dodgers: some thoughts on the SCOTUS acquitted conduct cert denial
• Inartful dodgers: constitutional concerns with acquitted conduct that only SCOTUS can address
• Inartful dodgers: did the Justices write cert denial statements in the acquitted conduct cases months ago? 
• Inartful dodgers: no constitutional substance in Justice Sotomayor’s cert denial statement in acquitted conduct cases 
• Inartful dodgers: do our constitutional values suggest there is “no relevant difference … between acquitted conduct and uncharged conduct”?