WATT'S THIS?

By:  Wayne C. Fricke; March 1997

            On January 6, 1997, the United States Supreme Court rendered an opinion essentially disregarding jury verdicts of acquittal in the case of United States v. Watts, _____ U.S. _____, 117 S.Ct. 633, 136 L.Ed.2d 554 (1997).  In Watts, the defendant was convicted of possession of cocaine with intent to distribute but acquitted of using a firearm in relation to the drug offense, a violation of 18 U.S.C. §924(c).  In spite of the acquittal, the District Court found by a preponderance of the evidence that the defendant had possessed the gun in connection with the drug offense and therefore added two points to his base offense level under the United States Sentencing Guidelines, thereby increasing his sentence for the convicted charge. 

            The Ninth Circuit had held that the District Court cannot reconsider facts that the jury necessarily rejected acquitting defendants of the count.  However, in reversing the Ninth Circuit, the Supreme Court majority stated that sentencing enhancements do not punish a defendant for crimes of which he was not convicted, but rather merely increase the sentence based on the manner in which he committed the crime of conviction.  Because the sentencing enhancement is only required to be proved by a preponderance of the evidence, the court again held that an acquittal in a criminal case does not preclude the Government from relitigating an issue at sentencing.  Citing Dowling v. United States, 493 U.S. 342, 349, 110 S.Ct. 668, 672, 107 L.Ed.2d 708 (1990).

            As a result of this case, a win may not be a win.  Unless of course you win twice...