Acquitted Conduct Bill Advances in House – Update for December 3, 2021 | Legal Information Services Associates LLC

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

HOUSE COMMITTEE REPORTS ACQUITTED CONDUCT BILL; LEGISLATORS PRESS BIDEN ON SENTENCING COMMISSION

Bipartisan legislation introduced by Rep. Kelly Armstrong (R-ND) that would restrict a federal court from considering a defendant’s acquitted conduct at sentencing was approved by the House Judiciary Committee on November 17th, and now moves to the full chamber for consideration.

“The right of criminal defendants to be judged by a jury of their peers is a foundational principle of the Constitution,” Armstrong said. “The current practice of allowing federal judges to sentence defendants based on conduct for which a jury acquitted them is not right and is not fair.”

The Prohibiting Punishment for Acquitted Conduct Act of 2021, H.R. 1621, is a companion bill to the same legislation, S.601, awaiting a vote in the Senate.

Meanwhile, Armstrong joined Rep. Jamie Raskin (D-Maryland) last week in urging President Joe Biden to prioritize filling vacancies that have left the Sentencing Commission without a quorum, saying the situation has stalled criminal justice reform.

Armstrong and Raskin said in a letter that the vacancies have “forestalled the important work of updating and establishing new sentencing guidelines.” The Commission’s last meeting was in December 2018, a week before passage of the First Step Act. The lack of a quorum also meant the commission could not update the sentencing guidelines needed to help implement the law, potentially resulting in its uneven application by judges across the country (such as in compassionate releases).