(1) Do either the Jury Clauses of Article III and
the Sixth Amendment or the Due Process Clause of
the Fifth Amendment bar a court from imposing a
more severe criminal sentence on the basis of conduct
that a jury necessarily rejected, given its verdicts of
acquittal on other counts at the same trial? If
necessary to reach an affirmative answer, should this
Court's decision in United States v. Watts, 519 U.S.
148 (1997) (per curiam), be overruled?

(2) In avoidance of the constitutional question, do
the rules of issue preclusion, as applied in federal
criminal cases, bar imposition of an aggravated
sentence on a factual predicate necessarily rejected by
the jury at trial in the same case?

Whether the use of acquitted conduct at sentencing violates the Jury Clauses or Due Process Clause