Sentencing Commission to Vote on Handling of Acquitted Conduct

Criminal defendants who fight multicount indictments at trial lose even if they beat most of the charges—all it takes is one conviction to face a sentence that reflects every count charged.

“To win, you have to pitch a shut out,” Miami-based criminal defense attorney David Markus said.

But that may be starting to change. The US Sentencing Commission is expected on Wednesday to vote on an amendment that would eliminate acquitted conduct from the definition of relevant conduct for purposes of calculating the guidelines range.

Judges would still be able to consider acquitted conduct that was proven beyond a reasonable ...