Or worse still, maybe a defense attorney will fail to argue that sentencing based on acquitted conduct produces unjust results that contravene the statutory sentencing factors under 18 U.S.C. Perhaps a particular judge is not troubled by the prospect of sentencing a defendant based on acquitted conduct.
Of course, not all defendants will be so lucky. During the defendant’s sentencing, the Judge on multiple occasions remarked on the unfairness of sentencing a defendant to long prison terms based on acquitted conduct, as well as the need to respect the jury’s verdict of acquittal. In one of our recent cases involving similar facts, for example, the Judge granted a downward variance by sentencing the defendant to 48 months imprisonment when his guideline range-which included acquitted conduct-was 78-97 months. Some judges will be even willing to grant significant downward variances-that is, sentences significantly below the sentencing guidelines range-when the defendant’s sentencing guidelines range is artificially inflated by acquitted conduct. Mercifully, many federal judges are aware of, and critical of, the deeply unfair nature of such an outcome. The Supreme Court and every circuit in the federal court system has upheld this interpretation of federal sentencing law. In theory then, you could be found not guilty of a serious crime, but because of your conviction for a related minor offense, be sentenced as though you were guilty of the more serious offense. Even worse, this finding is performed under the “preponderance of the evidence” standard-a much lower burden of proof compared to “beyond a reasonable doubt.” If the Judge finds that you are actually guilty, then he must include that acquitted conduct in calculating the applicable sentencing guidelines range. § 1B1.3, that requires the judge to decide whether, despite the jury’s verdict of “Not Guilty,” you in fact committed the crime you have been acquitted of. It includes a provision called “relevant conduct,” codified under U.S.S.G. The Sentencing Guidelines is an important factor for many federal judges.
DOES ACQUIT MEAN NOT GUILTY MANUAL
A good outcome, right? The answer may actually surprise you, as your ultimate sentence can end up being just as high as if you have been convicted of both crimes.Īs explained in our federal sentencing page, sentences for federal convictions are decided by the judge, who is required by law to consider a number of factors, including something called the United States Sentencing Guidelines–a manual published by the United States Sentencing Commission. The jury acquitted you of the more serious crime of wire fraud conspiracy, but convicted you of structuring. Imagine the following scenario: you have been charged in a multi-count indictment with several interrelated crimes-one count of conspiracy to commit wire fraud and one count of structuring.
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