Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted the defendant.

Whether the court of appeals thus erred by affirming the district court sentence of 100 months imprisonment where the district court relied upon acquitted conduct in determining the applicable advisory guideline range.

Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted the defendant