Unchargeable Conduct

Until the U.S. Sentencing Commission closes the unchargeable conduct loophole — or until the U.S. Supreme Court intervenes — criminal defense practitioners would be wise to take prophylactic action to protect their clients during plea negotiations. Setting forth the permissible bounds of "relevant conduct" in plea agreements can help avoid 11th-hour surprises for the defense.

3 minute readNovember 01, 2024 at 12:03 AM
By
Saverio S. Romeo
& Matthew D. Lee
Unchargeable Conduct

In April 2024, the U.S. Sentencing Commission took action to end a controversial practice known as "acquitted conduct" sentencing. Under the previous rule, a defendant who was convicted of one

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