Limiting the use of acquitted and uncharged conduct at sentencing: Apprendi v. New Jersey and its effect on the relevant conduct provision of the United States Sentencing Guidelines

Since the adoption of the United States Sentencing Guidelines, sentencing c ourts have been permitted to consider all "relevant conduct" (including acq uitted and uncharged conduct) when determining the guidelines range for an offense, provided the underlying facts were proven to the judge by a prepon derance of the evidence. However; in June 2000, the Supreme Court held in A pprendi v. New Jersey that facts which support an increase in the maximum s entence for an offense must be charged in an indictment and proven to a jur y beyond a reasonable doubt. The Court did not specifically address the rul ing's effect on the United States Sentencing Guidelines. This Casenote argu es that after Apprendi, sentencing courts may no longer use the Relevant Co nduct Provision of the federal sentencing guidelines to increase the guidel ines range for an offense based oh acquitted or uncharged conduct.