Whether the Sixth Amendment jury trial right or the Fifth Amendment Due Process Clause bars a court from imposing a more severe criminal sentence based on conduct that a jury's verdict rejected

QUESTION PRESENTED After a jury acquitted the petitioner of a firearms charge, the district court relied on the same conduct to increase his sentence range under the Federal Sentencing Guidelines. Do either the jury trial right contained in the Sixth Amendment or the Due Process Clause of the Fifth Amendment bar a court from imposing a more severe criminal sentence based on conduct that a jury’s verdict rejected? 1 STATEMENT OF