Nicole Scully

Nicole Scully

May 30, 2023 | Law.com

Acquitted-Conduct Sentencing: A Quagmire Neither the Supreme Court Nor the U.S. Sentencing Commission Can Continue to Avoid

It has been common knowledge to criminal practitioners for years that a criminal defendant's sentence for a crime of which they have been convicted can be increased based on consideration of conduct that the jury acquitted. This outcome can make a partial acquittal in federal court into a pyrrhic victory.

By Harry Sandick and Nicole Scully

13 minute read