ted conduct sentencing entirely. The House Judiciary Committee unanimously approved the bill on November 2, 2023.10 An identical bill previously stalled in the Senate due to legislative gridlock, but only after passing the House with overwhelming bipartisan approval.11 To the extent that punishment is supposed to reflect the will of the people, the House vote suggests that acquitted conduct sentencing does exactly the opposite.The Sentencing Commission should adopt the pending amendment to the Guidelines and end its endorsement of a practice that offends basic notions of fairness.1 See 18 U.S.C. § 3661; U.S.S.G. § 6A1.3(a).2 United States v. Watts, 519 U.S. 148, 157 (1997).3 United States Sentencing Commission, Proposed Amendments to the Sentencing Guidelines, Dec. 26, 2023, https://www.ussc.gov/sites/default/files/pdf/amendment-process/reader-friendly-amendments/20231221_rf-proposed.pdf4 United States Sentencing Commission, 2023-2024 Amendment Cycle, Proposed Amendment/Public Comment 88 FR 89142, p. 43, https://www.ussc.gov/sites/default/files/pdf/amendment-process/public-comment/202402/88FR89142_public-comment.pdf#page=435Id., pp. 49, 465.6 ABA Standards for the Prosecution Function Std. 3-4.3(a).7 Justice Manual § 9-27.220, https://www.justice.gov/jm/jm-9-27000-principles-federal-prosecution#9-27.2208Bordenkircher v. Hayes, 434 U.S. 357, 364 (1978).9United States v. Booker, 543 U.S. 220, 259 (2005).10 Congress.gov, H.R.5430 - Prohibiting Punishment of Acquitted Conduct Act of 2023: 118th Congress (2023-2024), https://www.congress.gov/bill/118th-congress/house-bill/5430/text?s=4&r=611 Clerk: United States House of Representatives, Roll Call 83 | Bill Number: H. R. 1621, Mar. 28, 2022 (117th Congress, 2nd Session), https://clerk.house.gov/Votes/202283 (reflecting vote of 405-12 in favor).