Defenders, practitioners press USSC to make acquitted‑conduct amendment retroactive; probation and victims groups urge caution

Chair Carlton W. Reeves opened the United States Sentencing Commission hearing saying the panel would decide whether recent guideline amendments “should be applied retroactively,” and invited testimony on the acquitted‑conduct amendment.

The commission heard sustained, opposing views about retroactivity for the acquitted‑conduct change. Defense practitioners and advisory groups told the commission the amendment corrects a fundamental fairness problem and should apply to people already serving sentences; probation officers and the victims advisory group warned the record‑review burden and victims’ rights implications counsel against retroactivity.

Adeel Bashir, attorney with the Federal Public and Community Defenders Sentencing Resource Council, argued the amendment “strongly favors retroactive application,” saying the practice of using acquitted conduct at sentencing “has been described as perverse, defying common sense, and fundamentally unfair.” He told commissioners that prior rounds of retroactivity produced fewer filings than forecasts and that defenders…