(1) 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.

(2) Applicability

The amendment made by paragraph (1) shall apply only to a judgment entered on or after the date of enactment of this section.

(1)

in the matter preceding paragraph (1), by striking As and inserting the following:

(a)

As; and

(2)

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.