United States v. Watts

Summary

The Court, in a per curiam opinion, held that an acquittal does not prevent a sentencing court from considering the underlying conduct when proved by a preponderance of the evidence. Section 3661 and the Sentencing Guidelines permit consideration of such conduct, and the different burdens of proof at trial and sentencing defeat the argument that an acquittal necessarily rejects the relevant facts. The Court reversed both Ninth Circuit judgments and remanded. Justice Scalia concurred separately, arguing that the Sentencing Commission lacks authority to prohibit consideration of acquitted conduct. Justice Breyer concurred separately, maintaining that the Commission could adopt such a prohibition. Justice Stevens dissented, arguing that facts increasing the applicable Guidelines range should require proof beyond a reasonable doubt and that the statutory scheme did not authorize the enhancements at issue. Justice Kennedy dissented from summary resolution, urging full briefing and oral argument. No other Justice joined any separate opinion.