House Judiciary Committee advances Armstrong’s bipartisan acquitted-conduct bill

Bipartisan legislation introduced by U.S. Rep. Kelly Armstrong (R-ND) that would limit a federal court from considering at sentencing the acquitted conduct of a defendant passed the U.S. House Judiciary Committee on Nov. 17 and now moves to the full chamber for consideration.

“The right of criminal defendants to be judged by a jury of their peers is a foundational principle of the Constitution,” Rep. Armstrong said. “The current practice of allowing federal judges to sentence defendants based on conduct for which they were acquitted by a jury is not right and is not fair.” 

The Prohibiting Punishment for Acquitted Conduct Act of 2021, H.R. 1621, which U.S. Rep. Steve Cohen (D-TN) sponsored on March 8 alongside lead original cosponsor Rep. Armstrong, would close a loophole in federal sentencing law that allows a judge to enhance a defendant’s sentence based on conduct they were acquitted of by a jury.

“I applaud my colleagues on the Judiciary Committee for their passage of the Prohibiting Punishment of Acquitted Conduct Act,” said Rep. Armstrong. “I will continue to work with Congressman Cohen to get its full consideration on the House floor.”

The related bill, S. 601, was also introduced in March by U.S. Sens.Thom Tillis (R-NC) and Dick Durbin (D-IL) and then in June advanced to the full U.S. Senate for consideration.