This criminal case's questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the subject of circuit splits expressly acknowledged by the panel's majority and dissenting opinions. Both are presented squarely in a clean procedural vehicle. And as to both issues, the panel majority opinion is wrong and the Petitioner is right.

1. Whether, if a jury is instructed to "determine" a fact by indicating a "unanimous finding beyond a reasonable doubt" and does so, the resulting verdict indicates a finding beyond a reasonable doubt, as opposed to a mere failure to find.

2. Whether, if a jury verdict finds a fact beyond a reasonable doubt, a district court's sentencing decision must accept the jury's determination or instead may base the sentence on its own independent finding that contradicts the jury's.

Whether jury findings impact sentencing