The U.S. Sentencing Commission implemented key changes to the Sentencing Guidelines that took effect on November 1, 2024. These revisions were designed to enhance fairness, consistency, and transparency in sentencing, and addressed longstanding concerns about certain sentencing practices. Below, we highlight the four biggest changes.
Acquitted Conduct in Sentencing
Previously, judges could use acquitted conduct — conduct a defendant was found not guilty of — to increase a defendant’s sentence. The 2024 amendments prohibit this practice, ensuring that only proven conduct, not allegations leading to an acquittal, can affect sentencing. This change aims to prevent the erosion of the constitutional right to a fair trial and protect against unfair punishment based on allegations that were never proven beyond a reasonable doubt. Judges can still consider acquitted conduct in determining the circumstances of the crime or in specific cases where it relates to a pattern of behavior, but it cannot be used to impose a harsher sentence. This change will ideally lead to more consistent sentences between similar defendants and more equitable sentences for all.
Loss Calculation in Financial Crimes
The guidelines now clarify how to calculate financial loss in fraud and theft cases. Rather than simply counting the monetary value involved, the revisions direct judges to consider the actual harm caused to victims, including the possibility of loss recovery. The amendments also allow judges to account for efforts at mitigation, such as restitution, ensuring that sentences reflect the true financial impact of the crime. While this practice was previously used and mentioned by the Guidelines in its Application Notes, the authority of said Application Notes was limited by the Supreme Court ruling of Kisor v. Wilkie, 588 U.S. 558 (2019). This Guidelines change aims at reinstituting the previous system of loss calculation by moving the formula from the Application Notes to the Guidelines themselves. This change should lead to consistent loss calculations across all US Courts of Appeal Circuits, as well as allowing, once again, the recovery of “intended loss” when it exceeds “actual loss.”
Resolution of Circuit Conflicts on Drug and Gun Charges
There has been significant circuit conflict regarding drug and gun charges, especially concerning whether firearm enhancements should apply in drug trafficking cases. The 2024 amendments standardize these rules, mandating grouping of charges even where certain enhancements become non-applicable. This ensures more consistent sentencing across federal circuits. This change also aims to eliminate discrepancies in how different regions sentence defendants for similar conduct, promoting fairness and predictability.
Youth as a Factor in Sentencing
The 2024 guidelines give age greater weight in sentencing, recognizing that young age can mitigate culpability for the current or prior offense(s). Specifically, the amendments emphasize the diminished culpability that may apply to younger offenders due to immaturity, lack of experience in criminal conduct, and the trend of criminal conduct decreasing with age. Due to these factors, courts are encouraged to make downward departures or seek alternative sentencing when faced with youthful defendants. This will ideally reduce the amount of young people in prison and allow for more alternative sentencing, ensuring that young people with issues are cared for instead of locked away.
These four amendments aim at ensuring fairness in the justice system, while also maintaining consistency across the circuits. These changes should lead to shorter sentences for young defendants, drug and gun defendants, and those with previous unproven allegations against them. For more information about the 2024 amendments to the Sentencing Guidelines, please see the Sentencing Commission’s summary here.
If you’re facing federal charges and/or worried about sentencing, it’s crucial to have experienced help on your side. The right defense can significantly impact the outcome of your case and potentially reduce the severity of your sentence. Contact us to discuss your case and allow us to navigate the minefield of federal criminal law and the Sentencing Guidelines for you.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Each case is unique, and readers should consult a qualified attorney for advice regarding their specific situation.
