Section 1 Prohibiting punishment of acquitted conduct
Use of information for sentencing—
Amendment— Section 3661 of title 18, United States Code, is amended by inserting “, except that a court of the United States shall not consider, except for purposes of mitigating a sentence, acquitted conduct under this section” before the period at the end.
Applicability— The amendment made by paragraph (1) shall apply only to a judgment entered on or after the date of enactment of this section.
in the matter preceding paragraph (1), by striking “As” and inserting the following:
“(a) As”
by adding at the end the following:
“(b) As used in this chapter, the term acquitted conduct means—
“(1) an act—
“(A) for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal court; or
“(B) in the case of a juvenile, that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or
“(2) any act underlying a criminal charge or juvenile information dismissed—
“(A) in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure; or
“(B) in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State or Tribal rule of criminal procedure.”