United States v. Watts

Background

Two federal criminal cases involved people convicted of drug offenses but acquitted on related charges. In one, a man was convicted of possessing drugs but acquitted of using a firearm; a judge later found he possessed the gun and raised his sentence. In the other, a woman was convicted of one drug sale but acquitted of a second; the judge treated both sales together to set a higher sentence. Two Ninth Circuit panels had barred using acquitted conduct at sentencing, creating a split with other courts.

Reasoning

The Court asked whether an acquittal prevents a sentencing judge from weighing related conduct when setting a sentence. It relied on the statutory rule that sentencing courts may consider wide-ranging background and conduct information (18 U.S.C. § 3661) and on the Sentencing Guidelines’ rules that define “relevant conduct.” The Court held that a jury’s not-guilty verdict does not stop a judge from considering underlying conduct if that conduct is proved by a preponderance of the evidence (more likely than not). The opinion noted other decisions and said extreme cases might raise different issues, but those were not before the Court.

Real world impact

The decision means many federal judges can lawfully use evidence of conduct tied to acquitted charges when calculating guideline ranges. Hundreds of sentencing proceedings may be affected. The Court reversed the Ninth Circuit rulings and sent the cases back for further action consistent with this opinion. The Sentencing Commission could still change Guidelines language.

Dissents or concurrances

Several Justices wrote separately. Two concurring Justices debated whether the Commission could override this outcome. Dissenting Justices warned about fairness, the Guidelines’ limits, and urged fuller briefing and argument.