Albert William Roberts, III v. United States
DueProcess FifthAmendment Securities
Can acquitted conduct continue to be used at sentencing?
question presented is what is the meaning and value of an acquittal? Question Number Two: In United States v. Watts, 519 U.S. 148 (1997) (per curium), this Court controversially held that an acquittal was not necessarily a finding of innocence and that acquitted conduct could be considered at a defendant’s sentencing. Conversely, Nelson v. Colorado, 137 8. Ct. 1249 (2017), this Court signaled that an acquittal was absolutely relevant, so relevant that no penalty could be assessed subsequent to that acquittal, thus creating a tension between the two rulings. We hold that the use of acquitted conduct at sentencing is a Sixth Amendment and Due Process violation of a defendant’s rights and not a matter of degrees of guilt or innocence. The question presented is can acquitted conduct continue to be used at sentencing? : i