Question Number One: We hold that an acquitted count that incorporates all of the
succeeding counts of an indictment retains its acquitted status when subsequently incorporated into
succeeding counts and by the English language having been ruled in the first instance, governs
therein. The question presented is what is the meaning and value of an acquittal?

Question Number Two: In United States v. Watts, 519 U.S. 148 (1997) (per curium), this
- Court controversially held that an acquittal was not necessarily a finding of innocence and that
acquitted conduct could be considered at a defendant's sentencing. Conversely, Nelson v.
Colorado, 137 S. Ct. 1249 (2017), this Court signaled that an acquittal was absolutely relevant, so
relevant that no penalty could be assessed subsequent to that acquittal, thus creating a tension
between the two rulings. We hold that the use of acquitted conduct at sentencing is a Sixth
Amendment and Due Process violation of a defendant's rights and not a matter of degrees of guilt
or innocence. The question presented is can acquitted conduct
continue to be used at sentencing?

Can acquitted conduct continue to be used at sentencing?