Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which the defendant was acquitted by a jury

QUESTIONS PRESENTED FOR REVIEW 1. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant’s sentence on conduct underlying a charge for which the defendant was acquitted by a jury. 2. Whether it violated the Due Process Clause of the Fifth Amendment for the district court to sentence Karr based on a 20-yearold, out-of-court statement, never subjected to cross-examination, made by the more-culpable but now-deceased coconspirator, who had been attempting to obtain, and did obtain, a morefavorable resolution to the same criminal charges Karr faced. ii No. In the Supreme Court of the United States October Term, 2021 GARY PAUL KARR, PETITIONER, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Gary Paul Karr asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on May 12, 2022.