Skip to main content

McClinton v. United States

Updated Sep 19, 2026

In brief

The Supreme Court refused to hear McClinton’s case, so it did not decide whether conduct for which a jury found him not guilty may affect a federal sentence.

Where it stands
Decided

Decided · June 30, 2023 · Opinion by Justice Sotomayor

What it’s about
This case asks whether a federal court can base a criminal defendant's sentence on conduct for which they were already acquitted by a jury. It examines if this practice violates the Fifth and Sixth Amendments.
Who it affects
The Court’s refusal left the constitutional sentencing question unanswered in this case. It did not endorse either side or decide the legal question through this procedural action.

Summary: written with AI from the case record.

Illustration for McClinton v. United States
Conceptual illustration · AI-generated

What it's about

The dispute sits where jury verdicts, federal sentencing, and Fifth and Sixth Amendment protections meet.

Question presented

1. Whether a federal court can base a criminal defendant's sentence on conduct for which they were already acquitted by a jury. 2. Whether this practice violates the Fifth and Sixth Amendments.

What the Court decided

Holding

Petition DENIED. Statement of Justice Sotomayor respecting the denial of certiorari. (Detached Opinion ) Statement of Justice Kavanaugh, with whom Justice Gorsuch and Justice Barrett join, respecting the denial of certiorari. (Detached Opinion ) Justice Alito, concurring in the denial of certiorari. (Detached Opinion )

The vote

Majority author
Sonia Sotomayor

What's next

The Court has finished handling this request for review. The constitutional question remains undecided in this Supreme Court case.

Documents

4

Docket activity

7
  • New analysis added

    Sep 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Sep 19, 2026 · Generated

  • AI analysis generated: Decision Record

    Sep 19, 2026 · Generated

  • Opinion added: McClinton

    Jun 30, 2023 · Court records

  • Opinion added: Opinion

    Jun 30, 2023 · Court records

Show 2 more
  • Brief added: Petition

    Jun 10, 2022 · Court records

  • Court Order added: Lower Court Orders/Opinions

    Mar 15, 2022 · Court records

More questions

4
What did McClinton ask the Supreme Court to decide?
He asked whether a federal judge may use conduct for which a jury found him not guilty when setting a sentence. He also asked whether that practice violates the Fifth and Sixth Amendments.
What did the Supreme Court do in McClinton?
It denied review (refused to hear the case). The Court did not decide the constitutional sentencing question.
Did the Court decide whether conduct for which a jury found McClinton not guilty may affect his federal sentence?
No. The Court’s procedural denial did not settle that legal question.
What happens next in McClinton v. United States?
The Supreme Court has finished handling this request for review. The constitutional question remains undecided in this Supreme Court case.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Sep 19, 2026Methodology

Court records and filings

Reporting and analysis