United States v. Watts (1996)

Docket
95-1906
Decided
1996-01-01

Summary

Question: May sentencing courts consider the conduct of a defendant's underlying charges of which she or he has been acquitted? Conclusion: Yes. In a 7-2 per curiam opinion, the Court held that a jury's verdict of acquittal does not prevent a sentencing court from considering a defendant's conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence. Justices Antonin Scalia and Stephen G. Breyer concurred. Dissenting, Justice John Paul Stevens argued that the additional offense should have been required to have been proved beyond a reasonable doubt for sentencing purposes, where a defendant's sentence was lengthened. Justice Anthony M. Kennedy, also dissenting, expressed the view that the cases should have been set for full briefing and consideration.

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