Why does the judge consider dismissed charges when computing my guideline range?
The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity. “Relevant conduct” is any conduct that has a common scheme or plan, including charges that were dismissed as part of a plea agreement. For this reason, plea agreements are often less beneficial than they first seem. The government still has to prove that you actually committed the crime dismissed in a prior plea agreement.
