Whether the use of acquitted conduct at sentencing violates the Jury Clauses or Due Process Clause

QUESTIONS PRESENTED (1) Do either the Jury Clauses of Article III and the Sixth Amendment or the Due Process Clause of the Fifth Amendment bar a court from imposing a more severe criminal sentence on the basis of conduct that a jury necessarily rejected, given its verdicts of acquittal on other counts at the same trial? If necessary to reach an affirmative answer, should this Court’s decision in United States v. Watts, 519 U.S. 148 (1997) (per curiam), be overruled? (2) In avoidance of the constitutional question, do the rules of issue preclusion, as applied in federal criminal cases, bar imposition of an aggravated sentence on a factual predicate necessarily rejected by the jury at trial in the same case? i LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties (petitioner Shaw and respondent United States). LIST OF