During the federal sentencing phase, a judge has broad discretion and can consider a wide range of information — including conduct related to charges the defendant was acquitted of, as long as it meets a certain standard. Here’s a breakdown of what the judge can consider:
1.
Relevant Conduct
(Even If Acquitted)
Under U.S. Sentencing Guidelines § 1B1.3, a judge may consider “relevant conduct” at sentencing, including:
So even if the defendant was acquitted of RICO and sex trafficking, the judge can still factor in the conduct underlying those charges if the judge believes the conduct occurred based on the case evidence.
2.
All Evidence Presented During Trial
3.
Victim Impact Statements
4.
Pre-Sentence Investigation Report (PSR)
5.
Aggravating or Mitigating Factors
Summary: Can Acquitted Conduct Be Used at Sentencing?
Yes — under federal law, even acquitted conduct can be used to increase a defendant’s sentence if the judge believes it happened by a preponderance of the evidence. This principle has been upheld by the Supreme Court (e.g., United States v. Watts, 1997).
1. Relevant Conduct
(Even If Acquitted)
Under U.S. Sentencing Guidelines § 1B1.3, a judge may consider “relevant conduct” at sentencing, including:
- Acts related to the offense of conviction
- Acquitted conduct, if proven by a preponderance of the evidence (i.e. more likely than not — a lower standard than “beyond a reasonable doubt”)
So even if the defendant was acquitted of RICO and sex trafficking, the judge can still factor in the conduct underlying those charges if the judge believes the conduct occurred based on the case evidence.
2. All Evidence Presented During Trial
- Any testimony, exhibits, or facts established at trial, whether they relate to convicted or acquitted counts, can be considered.
- The judge is not limited to what the jury decided — federal judges have leeway to weigh the full record.
3. Victim Impact Statements
- Victims can submit written or oral statements that the judge will review at sentencing.
- Even if someone was not named in the convicted counts, if they were affected by the defendant’s conduct, their statements may still be considered.
4. Pre-Sentence Investigation Report (PSR)
- Prepared by a probation officer, this report gives the judge a full picture of the defendant’s background, prior criminal history, and details of the offense.
- The PSR may recommend enhancements based on factors like:
- Coercion or threats
- Multiple victims
- Use of force or fraud
- Pattern of similar misconduct
5. Aggravating or Mitigating Factors
- The court can consider things like:
- Lack of remorse
- Prior good works or military service
- Childhood trauma or mental health
- Level of control over the victims
- Whether the defendant played a leadership role
Summary: Can Acquitted Conduct Be Used at Sentencing?Yes — under federal law, even acquitted conduct can be used to increase a defendant’s sentence if the judge believes it happened by a preponderance of the evidence. This principle has been upheld by the Supreme Court (e.g., United States v. Watts, 1997).
