Gaspar-Felipe v. United States

(1) Whether the Fifth Amendment"s due process clause prohibits a federal court from basing a criminal defendant"s sentence on a charge of which a jury acquitted him, as the Michigan Supreme Court has held, or whether, instead, acquitted-conduct sentencing complies with the Fifth Amendment, as 12 federal courts of appeal and the Iowa Supreme Court have held; and (2) whether the Sixth Amendment"s right to jury trial prohibits a federal court from basing a criminal defendant"s sentence on a charge of which a jury acquitted him.