Whether a district court's findings of fact under 18 U.S.C. 3553(f) are constrained by the findings of fact implied by the jury's verdict

QUESTION PRESENTED District courts exercise broad discretion at sentencing. They may take into consideration various factors relating to both the offense and the offender, and they may consult a wide range of information and evidence not available to the jury. Section 3553(f) of Title 18 of the U.S. Code authorizes district courts to depart downward from mandatory minimum sentences for defendants found guilty of certain drug trafficking offenses. App., infra, 28a-29a. The statute establishes five preconditions for the grant of such relief. These preconditions must be found by “the court * * * at sentencing” (ibid.) by a preponderance of the evidence. The question presented, over which there is an acknowledged conflict among the courts of appeals, is whether a district court’s findings of fact under 18 U.S.C. 3553(f) are constrained by the findings of fact implied by the jury’s verdict.