Some recent press coverage and broader chatter about US Sentencing Commission’s acquitted conduct work

As highlighted in recent posts here and here and here, the US Sentencing Commission conducted two full days of hearings this past week to receive testimony in response to its proposed amendments to the US Sentencing Guidelines released back in December.  One can find the full hearing schedule and written testimony here, and I believe a recording of the hearings will also be uploaded to the USSC’s website before long.  We will likely have to wait at least a few weeks before we learn whether and what the Commission’s final plans are for this guideline amendment cycle.  But the wait will not be too long because the USSC has to submit any and all planned amendments for this year to Congress no later than May 1.

There are lots of interesting and consequential proposals being considered by the Commission, but its discussion of possible guideline amendments to address so-called aquitted conduct sentencing enhancements is surely the highest-profile concern.  This issue has not only been a subject of federal sentencing debate for decades, but it also prompted four Justices last summer in McClinton v. US to essentially urge the Commission to take some action in order to further inform the Supreme Court’s consideration of the constitutional dimensions of this issue.  And, as detailed below, the acquitted conduct issue seems to be the only matter to get any focused attention before and after this past week’s USSC hearing:

From Bloomberg Law, “US Sentencing Commission Hearing Focuses on Acquitted Conduct“

From JD Supra, “The Imperative for Outlawing ‘Acquitted Conduct Sentencing’“

From the Kansas Reflector, “Kansas man says prison sentence based on acquitted conduct was ‘ultimate betrayal’:U.S. Sentencing Commission hears testimony on issue of interest to U.S. Supreme Court”

From Lisa Legainfo, “‘Their Verdict Didn’t Matter’: Taming The ‘Acquitted Conduct’ Sentencing Monster“