under my discretion, which you have under the supreme court's case law for sentencing, i'm going to sentence you to the same anyway. defendants and the public, the families of the defendants understandably say that seems unfair. i thought the point of the jury trial was to determine whether i was guilty or not guilty on all those charges. if i'm getting sentenced as exactly as if i were guilty on all the charges, that seems a violation of due process. i have written about the fairness and perceived fairness of the use of acquitted conduct at sentencing. judge mallett and i have written about it several times and made clear our concern about the use of acquitted conduct and how it affects the sentencing system. why i have said congress might need to look at it, although i have pointed out individual district judges can look at it, is because under the current system sentencing judges have