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.

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.

Whether acquitted-conduct sentencing violates the Fifth Amendment's Due Process Clause or the Sixth Amendment's right to jury trial