Federal judges could not use not-guilty conduct to make a sentence harsher. They could use it only if it helps lower the sentence. The rule would apply only to new judgments entered after the bill becomes law.
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A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing. is a Senate bill in committee. The latest recorded action: Read twice and referred to the Committee on the Judiciary. (text: CR S8737).
Latest action on S. 3483: Read twice and referred to the Committee on the Judiciary. (text: CR S8737)
Who this affects: This bill mainly affects people facing federal criminal sentences and juveniles in federal delinquency cases. It also matters to judges, federal prosecutors, and defense lawyers because it changes what can be used to argue for a higher sentence. People with older sentences would not get relief from this bill just because it passes.
Why this matters: This bill matters because it would limit how much extra punishment a person can get for conduct tied to charges they beat in court. For people in federal cases, that could make sentences track actual convictions more closely. It also sets one clear rule for federal courts, which could reduce confusion about when acquitted conduct counts. At the same time, it narrows the information judges may use when deciding the final sentence.
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