This legislative proposal seeks to amend title 18, United States Code, specifically section 3661, to restrict federal courts from considering acquitted conduct during sentencing. The primary intent is to prevent judges from imposing harsher sentences based on charges for which a defendant was found not guilty, though such conduct may still be considered for mitigating a sentence . The bill further defines "acquitted conduct" to encompass acts where an individual was criminally charged and adjudicated not guilty after a trial in federal, state, or tribal court, or found not responsible in a juvenile adjudication hearing. It also includes any act underlying a criminal charge or juvenile information dismissed in federal, state, or tribal court upon a motion for acquittal or an analogous motion.
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Timeline
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text: CR S8737)
Introduced in Senate
Read twice and referred to the Committee on the Judiciary. (text: CR S8737)
Crime and Law Enforcement
A bill to amend title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing.
USA119th CongressS-3483| Senate
| Updated: 12/15/2025
This legislative proposal seeks to amend title 18, United States Code, specifically section 3661, to restrict federal courts from considering acquitted conduct during sentencing. The primary intent is to prevent judges from imposing harsher sentences based on charges for which a defendant was found not guilty, though such conduct may still be considered for mitigating a sentence . The bill further defines "acquitted conduct" to encompass acts where an individual was criminally charged and adjudicated not guilty after a trial in federal, state, or tribal court, or found not responsible in a juvenile adjudication hearing. It also includes any act underlying a criminal charge or juvenile information dismissed in federal, state, or tribal court upon a motion for acquittal or an analogous motion.