516
Opinion of the Court
ment for the first time in the Court of Appeals. Thus, petitioners did not explain to the sentencing judge how their "jury-found-only-cocaine" assumption could have made a difference to the judge's own findings, nor did they explain how this assumption (given the judge's findings) should lead to greater leniency. Moreover, our own review of the record indicates that the judge's Guidelines-based factfinding, while resting upon the evidence before the jury, did not depend on any particular assumption about the type of conspiracy the jury found. Nor is there any indication that the assumption petitioners urge (a cocaine-only conspiracy) would likely have made a difference in respect to discretionary leniency.
For these reasons, we need not, and we do not, consider the merits of petitioners' statutory and constitutional claims.
The judgment of the Court of Appeals is
Affirmed.
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