,,ii  #aafth ,,congress  #ast ,session  
,s4 #beff  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bf1
 #bjai ,mr4 ,durbin 7for himself1 ,mr4  
,grassley1 ,mr4 ,leahy1 ,mr4 ,tillis1   
,mr4 ,booker1 and ,mr4 ,lee7 introduced 
the following bill2 which was read twice
 and referred to the ,committee on the  
,judiciary  ,a ,,bill  ,to amend section
 #cffa of title #ah1 ,united ,states    
,code1 to prohibit the consideration of 
acquitted conduct at sentencing4  #a4   
,short title ,this ,act may be cited as 
the ,prohibiting ,punishment of         
,acquitted ,conduct ,act of #bjai4  #b4 
,acquitted conduct at sentencing  7a7   
,use of information for sentencing  7#a7
 ,amendment ,section #cffa of title #ah1
 ,united ,states ,code1 is amended by   
inserting 1 except that a court of the  
,united ,states shall not consider1     
except for purposes of mitigating a     
sentence1 acquitted conduct under this  
section before the period at the end4   
7#b7 ,applicability ,the amendment made 

by paragraph 7#a7 shall apply only to a 
judgment entered on or after the date of
 enactment of this ,act4  7b7           
,definitions ,section #cfgc of title    
#ah1 ,united ,states ,code1 is amended--
 7#a7 in the matter preceding paragraph 
7#a71 by striking ,as and inserting the 
following3  7a7 ,as  2 and  7#b7 by     
adding at the end the following3  7b7   
,as used in this chapter1 the term      
acquitted conduct means-- 7#a7 an act-- 
7,a7 for which a person was criminally  
charged and adjudicated not guilty after
 trial in a ,federal1 ,state1 or ,tribal
 court2 or  7,b7 in the case of a       
juvenile1 that was charged and for which
 the juvenile was found not responsible 
after a juvenile adjudication hearing2  
or  7#b7 any act underlying a criminal  
charge or juvenile information          
dismissed-- 7,a7 in a ,federal court    
upon a motion for acquittal under rule  
#bi of the ,federal ,rules of ,criminal 
,procedure2 or  7,b7 in a ,state or     
,tribal court upon a motion for         

acquittal or an analogous motion under  
the applicable ,state or ,tribal rule of
 criminal procedure4  4