Unanswered questions, acquittal enhancements, and the future of due process and the American criminal jury

The US Supreme Court in United States v. Watts incorrectly held that judges may enhance criminal sentences after consideration of conduct underlying offenses for which convicted defendants have been acquitted by juries. The right to trial by jury and the right of juries to decide cases are impinged upon by the decision. The Court's brief procedural review of the case may have contributed to its substantive error. The case can be judicially limited in the future and due process challenges to such enhancements remain available.