Carlos Cardenas-Ramirez appealed his federal sentence, which included enhancements based on conduct for which a jury had acquitted him. The case originated in the Southern District of Texas, where the jury acquitted Cardenas-Ramirez of possession charges but convicted him of conspiracy based on the same underlying events. Following the panel's decision to uphold the sentence under existing precedent, Cardenas-Ramirez petitioned for a rehearing en banc, arguing that the practice of considering acquitted conduct is fundamentally flawed. The full court of the Fifth Circuit was asked to reconsider the panel's application of the rule that allows sentencing courts to weigh acquitted conduct.
Chief Judge Jennifer Walker Elrod, writing for the court, treated the petition for rehearing en banc as a petition for panel rehearing and denied it because no judge requested a poll for en banc consideration. The court addressed the core legal doctrine of acquitted-conduct sentencing, which stems from the Supreme Court's decision in United States v. Watts. The Fifth Circuit explained that while it is deeply troubled by the use of acquitted conduct in sentencing and acknowledges the serious constitutional and fairness questions it raises, the court is an inferior court bound by Supreme Court precedent. The court cited the panel opinion, which stated that United States v. Watts dictates that a sentencing court may consider conduct of which a defendant has been acquitted. The court further reasoned that even if it were to rehear the case, it could not provide the relief sought because it lacks the authority to override binding Supreme Court rulings. Additionally, the court noted that the specific facts of this case, involving overlapping charges where the jury acquitted on one count but convicted on another based on the same events, complicated the inquiry and did not present the ideal vehicle for reconsidering the doctrine.
The decision leaves the doctrine of acquitted-conduct sentencing intact within the Fifth Circuit, meaning federal judges in the region may continue to consider acquitted conduct when calculating sentences under the federal guidelines. The court acknowledged that the United States Sentencing Commission amended the guidelines in 2024 to prohibit considering acquitted conduct as relevant conduct in most instances, but noted an exception remains when the conduct also establishes the instant offense of conviction. The ruling signals that while the court is concerned about the fairness of the practice, it will not deviate from Supreme Court precedent until the Supreme Court itself revisits the issue or Congress changes the law.
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