Jerry Jabbari Rhodes v. United States
DueProcess FifthAmendment
Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty?
QUESTIONS PRESENTED The bedrock principle of the American justice system is the Citizen’s right to a trial by jury. For decades, in the federal system, that right has been a mere formality. Because of the lower courts’ unconditional reliance on this Court’s decision in Watts, a not guilty in federal court is often just advisory. It has no power to stop a judge from sentencing someone for conduct for which they were acquitted. Petitioner Jerry Rhodes is serving a sentence for conduct he was found not guilty of. He asks this Court: 1. Is it reasonable and constitutional to sentence a defendant on facts for which a jury found the same defendant not guilty?