The amendments are coming! The amendments are coming!

One if by land and two if by sea, no more acquitted conduct for thee!

The Sentencing Commission voted to approve amendments to the United States Sentencing Guidelines yesterday. If Congress does not intervene, the amendments will go into effect November 1, 2024. Please remember that if the amendment would benefit your client now, we should be arguing for its application now.

The biggest beneficial change may be the recognized departure for youth of the offender.  It is an evidence-based change that gives us ammunition to argue for less time for our younger clients. Acquitted conduct has also been addressed! Amendments include:

2B1.1 – Definition of loss

The definition, including intended loss, is moved from the commentary to the Guideline, likely to address Kisor arguments.

5H1.1 – Departure for youth (mid-20s) of the offender

“A downward departure also may be warranted due to the defendant’s youthfulness at the time of the offense or prior offenses. Certain risk factors may affect a youthful individual’s development into the mid-20’s and contribute to involvement in criminal justice systems, including environment, adverse childhood experiences, substance use, lack of educational opportunities, and familial relationships. In addition, youthful individuals generally are more impulsive, risk-seeking, and susceptible to outside influence as their brains continue to develop into young adulthood. Youthful individuals also are more amenable to rehabilitation.”

1B1.3(c) – Acquitted conduct

“ACQUITTED CONDUCT.—Relevant conduct does not include conduct for which the defendant was criminally charged and acquitted in federal court, unless such conduct also establishes, in whole or in part, the instant offense of conviction.”

2K2.1(b)(4) – Obliterated serial number

Narrows from the 11^th Circuit position. The serial number must be “modified such that the original information is rendered illegible or unrecognizable to the unaided eye.”

The full text of the amendments is available here.

https://www.ussc.gov/guidelines/amendments/adopted-amendments-effective-november-1-2024