U.S. Sentencing Commission Prohibits Use of Acquitted Conduct in Federal Sentencing

The U.S. Sentencing Commission, a bipartisan body responsible for establishing guidelines for the federal judiciary in the U.S., unanimously approved a significant amendment aimed at curtailing a controversial practice in federal sentencing known as "acquitted conduct". It voted for a recommendation to prohibit conduct for which a person was acquitted in federal court from being used in calculating the range of the sentence.

What is Acquitted Conduct?

Acquitted conduct refers to actions or behaviours for which a defendant has been acquitted in a court of law. When a defendant is acquitted, it means that a judge or jury has found them not guilty of the charges brought against them. Acquitted conduct can encompass a range of behaviours, including specific acts alleged in the indictment or charges that were presented during the trial but ultimately not proven beyond a reasonable doubt.

Critics of the practice argue that allowing judges to consider acquitted conduct in sentencing undermines the principle of 'innocent until proven guilty' and can result in unfair or disproportionate sentences.

One example where acquitted conduct was used in federal sentencing involves the case of Dayonta McClinton. McClinton was charged with robbing a CVS pharmacy in Indiana, a U.S. State, at gunpoint and killing one of his accomplices during a dispute after the robbery.

During the trial, a jury convicted McClinton of robbing the pharmacy but acquitted him of the charge related to killing his accomplice. Despite being acquitted of the murder charge, a federal judge used the death of McClinton's accomplice to enhance his sentence. The judge reasoned that even though McClinton was acquitted of the murder charge, it was more likely than not that he committed the offence based on the lower standard of proof required for sentencing.

As a result, McClinton's sentence was significantly increased from the 57–71 months recommended under the guidelines to 228 months.

What are the Recommendations of the Sentencing Commission?

The primary recommendation is the adoption of the amendment prohibiting federal judges from considering conduct for which a defendant has been acquitted in federal court as relevant for sentencing purposes. The Sentencing Commission has proposed amendments to clarify the calculation of loss in financial crime cases, particularly in white-collar criminal matters.

The Commission has proposed revisions to the Guidelines Manual to address various aspects of sentencing policy, including the definition of relevant conduct and the standard of proof required to resolve disputes involving sentencing factors.

The Commission has recommended that judges should consider a range of factors when determining an appropriate sentence, including the nature and circumstances of the offence, the defendant's role in the offence, and the need for deterrence and rehabilitation.

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