What are the implications of the majority opinion in the US Supreme Court when it comes to sentencing for sexual assault?

1 In footnote 11, the majority attempts to distinguish United States v. Fonner, 920 F.2d 1330 (7th Cir.1990), and United States v. Isom, 886 F.2d 736 (4th Cir.1990), by arguing that in these cases "the district court relied on undisputed facts, not on facts rejected by a jury's not guilty verdict." This narrow reading ignores the reasoning underlying both opinions. Both cases explicitly endorse this dissent's position that because of different standards of proof, conduct not resulting in a guilty verdict may be used to enhance a sentence.