SentenceCalc

Relevant conduct: what the sentence is based on

A federal sentence is based on what the person actually did, not only what they were convicted of. The relevant conduct rule, §1B1.3, decides which acts and amounts count toward the offense level, and it is the reason drug and fraud sentences are often built on far more than the charged transaction.

Guidelines Manual effective November 1, 2025Updated October 4, 2026

General information about how the guidelines work, written by web developers, not lawyers. It is not legal advice about any case; see the disclaimer.

What counts

  • Everything the person did, or aided, commanded or caused, during the offense, in preparing for it, or in trying to avoid getting caught (§1B1.3(a)(1)(A)).
  • In a group crime, partners' acts that were within the scope of the joint activity, in furtherance of it, and reasonably foreseeable (§1B1.3(a)(1)(B)). This is why a getaway driver can get the gun enhancement for a partner's gun.
  • For amount-based crimes such as drugs, fraud and money laundering, all acts that were part of the same course of conduct or common scheme, even if not charged (§1B1.3(a)(2)).
  • All harm that resulted from those acts, and all harm that was their object (§1B1.3(a)(3)).

What does not count

Since November 2024, conduct for which the person was charged and acquitted in federal court is excluded, unless it also establishes the offense of conviction (§1B1.3(c)). Conduct outside the scope of what the person agreed to, even if a partner did it, is also excluded.

Frequently asked questions

Can a sentence include drugs that were not charged?

Yes. In drug cases, quantities from the same course of conduct or common scheme count toward the offense level even if they were not charged, provided the court finds them by a preponderance of the evidence.

Can acquitted conduct be used at sentencing?

Not to calculate the guideline range, since a 2024 amendment: conduct for which the person was charged and acquitted in federal court is excluded from relevant conduct, unless it also establishes the offense of conviction.

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