Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (on Petition for Writ of Certiorari).
Argument: This case presents an ideal vehicle for the Court to address under the Sixth Amendment the use of acquitted conduct from the same trial to increase a defendant's sentencing guidelines range. In order to preserve the essential role of the jury, a defendant's sentencing guidelines calculation should not include conduct of which he was acquitted at the same trial. Increasing a defendant's sentencing guidelines range by use of acquitted conduct violates the Sixth Amendment. Circuit precedent extending Watts to allow the use of conduct of which the defendant was acquitted at the same trial to calculate a defendant's range should be abrogated.