2024 US Sentencing Guidelines Amendments

The 2024 amendments to the US Sentencing Guidelines, effective November 1, 2024, introduce significant changes aimed at promoting fairness and consistency in federal sentencing. Below is a breakdown of the key themes and changes.

1. Acquitted Conduct No Longer Considered

  • The guidelines now prohibit using acquitted conduct to determine a defendant's sentence range. Conduct related to charges for which a defendant was found not guilty cannot increase their sentence for other convictions.
  • This change addresses concerns about fairness and the legitimacy of the criminal justice system, reinforcing the jury's role and encouraging defendants to exercise their right to a trial.
  • Conduct that establishes the offense of conviction can still be considered, even if it overlaps with acquitted charges, with courts determining relevance on a case-by-case basis.

2. Standardized Rule for Calculating Loss in Fraud Cases

  • The amendments standardize the calculation of "loss" in fraud cases across federal courts.
  • Previously, courts considered both "actual loss" and "intended loss," with inconsistencies in application. The new rule clarifies that the calculation should use the greater of actual or intended loss and moves this rule directly into the guidelines for uniform application.

3. Resolving Conflicting Interpretations in Firearms Cases

  • Definition of "Altered" Serial Numbers: The "unaided eye" test is adopted, meaning enhancements apply only if the serial number is illegible to the naked eye.
  • Grouping Rules for Sentencing: Clarifies that firearms and drug trafficking offenses, along with convictions under 18 U.S.C. § 924(c), should be grouped together for sentencing purposes.

4. Recognizing the Role of Age in Sentencing

  • Amendments to §5H1.1 acknowledge that age, particularly youth, can be a relevant sentencing factor.
  • Judges may consider a defendant’s youth as grounds for a downward departure from the guidelines, reflecting the understanding of brain development and the age-crime curve.

5. Miscellaneous Updates and Technical Corrections

  • Updates include:
    • Reflecting the Export Control Reform Act of 2018.
    • Revising enhancements for structuring transactions to evade reporting requirements.
    • Clarifying antitrust offenses.
    • Refining the definition of "sex offense" in §4C1.1 to include offenses against adults as well as minors.
    • Making various technical corrections and stylistic improvements.

The 2024 amendments to the US Sentencing Guidelines emphasize fairness, consistency, and a deeper understanding of factors like age and acquitted conduct, reflecting a commitment to refining and improving federal sentencing practices.

Andrew Mancilla