Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal case, conduct that a jury has unanimously found the defendant to be 'not guilty' of as an aggravating factor to increase the sentence within the statutory limits authorized by the jury's verdict?

QUESTION PRESENTED 1. Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal case, conduct that a jury has unanimously found the defendant to be “not guilty” of as an aggravating factor to increase the sentence within the statutory limits authorized by the jury’s verdict? 2. Assuming that the Sixth and Fourteenth Amendments prohibit judges from considering acquitted conduct at sentencing, is that a new substantive rule of constitutional law that is retroactive on collateral review? i PARTIES All parties appear in the caption of the case on the cover page. il