“I think this has to be the Supreme Court,” says Easha Anand, a professor at Stanford Law School and a former attorney at the MacArthur Justice Center, where she represented several people who were sentenced based on acquitted conduct. “The sentencing commission is making a policy determination about how it’s appropriate for courts to impose a sentence to ensure uniformity. Now, that’s an incredibly important policy determination, but that’s [still] a policy determination. It’s not a determination about what is constitutional and what isn’t….It’s the Supreme Court that should be the arbiter of the Fifth and Sixth amendments.”