Sentencing Guidelines Amendment Prevents Judges From Considering Acquitted Conduct At Sentencing

Since the Supreme Court's decision in United States v. Watts, 19 US 148 (1997), judges have been permitted to consider acquitted conduct when calculating a defendant's sentencing guidelines range and determining their ultimate sentence. Lawmakers across the political spectrum have since criticized this practice, raising questions as to whether it conflicts with the Constitution's guarantee that guilt is to be determined by a jury of one's peers. Indeed, the Supreme Court appeared poised to revisit the holding in Wattslast summer but decided not to grant certiorari, leaving the issue unresolved. However, Justices Sotomayor, Kavanaugh, Gorsuch and Coney Barrett all made statements that the practice of considering acquitted conduct at sentencing "raises important questions" and noted that the decision in Watts may need to be addressed if the US Sentencing Commission did not take action.