Can a Federal Judge Sentence You for a Crime Your Jury Says You Didn't Commit? The Answer May Terrify You

Can a federal judge sentence you for a crime your jury says you didn't commit? In a sane world, the answer would be "no." If a prosecutor charges you with five crimes, and the jury finds you not guilty of four of them, the judge who then doles out the sentence should be able to consider only that one guilty verdict.

Yet federal judges can, and often do, use what's called "acquitted conduct"—charges for which a person has been found not guilty—when sentencing defendants for the crimes the jury says...