Opinion

United States v. Watts

  • 519 U.S. 148
  • 117 S. Ct. 633
  • 136 L. Ed. 2d 554
  • 1997 U.S. LEXIS 1
Court
Supreme Court of the United States
Filed
Jan 6, 1997
Status
Published
Author
Breyer
On the bench
Scalia, Breyer, Stevens, Kennedy
Cited by
1,445 cases

Reported overruled implicitly by Nelson v. Colorado, 137 S. Ct. 1249 (2017) — not on the Supreme Court's list

holding—where the district court found, notwithstanding the jury’s verdict to the contrary, that the defendant used a firearm and used that finding to increase the guidelines range sentence—that “a jury’s verdict of acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence” (emphasis added)

How later courts described this case

  • holding—where the district court found, notwithstanding the jury’s verdict to the contrary, that the defendant used a firearm and used that finding to increase the guidelines range sentence—that “a jury’s verdict of acquittal does not prevent the sentencing court from considering conduct underlying the acquitted charge, so long as that conduct has been proved by a preponderance of the evidence” (emphasis added)
  • finding “[t]he notion that a charge that cannot be sustained by proof beyond a reasonable doubt may give rise to the same punishment as if it had been so proved is repugnant to ...” “longstanding procedural requirements enshrined in our constitutional jurisprudence”
  • holding that sentence enhancements are not construed as additional punishment for the previous crime of which the defendant was not convicted; rather, they act to increase a sentence “because of the manner in which [the defendant] committed the crime of conviction”
  • holding that establishing that known drug dealer resided in motel was acquittal on a 18 U.S.C. § 924 (c) offense did not prevent the sufficient to show probable cause to search motel room for sentencing court from considering under USSG § 2D1.1 drug paraphernalia

Written by the judges who cited it.

Later courts went against this

  • Reported overruled implicitly by Nelson v. Colorado, 137 S. Ct. 1249 (2017) — not on the Supreme Court's list

    137 S. Ct. 1249 (2017), overruled United States v. Watts, 519 U.S. 148
    Supreme Court of the United StatesApr 19, 20172 citing opinionsimpliedunconfirmed confidenceRead it
  • Reported overruled by United States v. Booker, 543 U.S. 220 (2004) — not on the Supreme Court's list

    543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), overruled Watts.
    Supreme Court of the United StatesOct 1, 2004unconfirmed confidenceRead it
  • Questioned — as noted by a later court

    We are cognizant that United States v. Watts, 519 U.S. 148, 117 S.Ct. 633, 136 L.Ed.2d 554 (1997) has been called into question and criticized by several lower federal courts in the wake of U.S. v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
    medium confidence

Distinguished

  • Distinguished by United States v. Cortes-Medina, 810 F.3d 62 (2016)

    Here, however, Watts is inapposite: the sentencing court did not use dismissed or acquitted conduct in its sentencing calculus.
    Court of Appeals for the First CircuitJan 6, 2016Read it

The opinion

Justice Breyer,

concurring.

I join the Court’s per curiam opinion while noting that it poses no obstacle to the Sentencing Commission itself deciding whether or not to enhance a sentence on the basis of conduct that a sentencing judge concludes did take place, but in respect to which a jury acquitted the defendant.

In telling judges in ordinary cases to consider “all acts and omissions . . . that were part of the same course of conduct or common scheme or plan as the offense of conviction,” United States Sentencing Commission, Guidelines Manual § lB1.3(a)(2) (Nov. 1995) (USSG), the Guidelines recognize the fact that before their creation sentencing judges often took account, not only of the precise conduct that made up *159 the offense of conviction, but of certain related conduct as well. And I agree with the Court that the Guidelines, as presently written, do not make an exception for related conduct that was the basis for a different charge of which a jury acquitted that defendant. To that extent, the Guidelines’ policy rests upon the logical possibility that a sentencing judge and a jury, applying different evidentiary standards, could reach different factual conclusions.

This truth of logic, however, is not the only pertinent policy consideration. The Commission in the past has considered whether the Guidelines should contain a specific exception to their ordinary “relevant conduct” rules that would instruct the sentencing judge not to base a sentence enhancement upon acquitted conduct. United States Sentencing Commission, Sentencing Guidelines for United States Courts, 57 Fed. Reg. 62832 (1992) (proposed USSG § 1131.3(c)). Given the role that juries and acquittals play in our system, the Commission could decide to revisit this matter in the future. For this reason, I think it important to specify that, as far as today’s decision is concerned, the power to accept or reject such a proposal remains in the Commission’s hands.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.