This was a consolidation of two cases. In both instances, Ds were arrested and charged with multiple crimes. In both cases, they were convicted of one crime but acquitted of another. During sentencing for the convicted offenses, the trial courts used the conduct in the acquitted offenses because that conduct was proven by a preponderance of evidence. The Court of Appeals vacated the sentences holding that a sentencing judge may not under any standard of proof rely on facts of which D was acquitted. The Supreme Court granted certiorari.

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