Judge Sentencing

Effective Nov. 1, 2024, the Sentencing Commission has amended the Federal Sentencing Guidelines so that “[r]elevant conduct does not include conduct for which the defendant was criminally charged and acquitted in federal court unless such conduct also establishes, in whole or in part, the instant offense of conviction.” Section 1B1.3(c). How the acquitted conduct amendment came into being and what its “unless clause” means are worthy of consideration.