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The Raiders have been situated in the third overall spot for a few weeks now. Even the win over the Chiefs in week 15 didn't change that. It simply made it all but certain they would not pick any higher than third.
The Raiders finish the season with a 4-12 record which is tied with the Eagles and Lions, but the Raiders have the easiest strength of schedule among the three teams, giving them the top pick among them in the tiebreaker. The Chiefs will choose first overall and the Jaguars will pick second - both of whom finish with a 2-14 record on the season. Not coincidentally, those two teams made up three of the Raiders' four wins this season.
This means the Raiders will give the Bengals the 35th overall pick as part of the Carson Palmer trade which means their next pick will be the 67th overall pick (third round). Which number pick they have in the fourth round will depend upon compensatory picks at the end of the third round. They have no round five pick as the last piece of the Aaron Curry trade and they have an extra round seven pick from the Louis Murphy trade.
Here is how the first round of the draft currently stacks up before the playoffs:
1. Kansas City Chiefs (2-14) .516 SOS
2. Jacksonville Jaguars (2-14) .539
3. Oakland Raiders (4-12) .469
4. Philadelphia Eagles (4-12) .508
5. Detroit Lions (4-12) .566
6. Cleveland Browns (5-11) .508
7. Arizona Cardinals (5-11) .559
8. Buffalo Bills (6-10) .480
9. New York Jets (6-10) .512 (4-8 conference record)
10. Tennessee Titans (6-10) .512 (5-7 conference record)
11. San Diego Chargers (7-9) .457
12. Miami Dolphins (7-9) .500
13. Tampa Bay Buccaneers (7-9) .502
14. Carolina Panthers (7-9) .516
15. New Orleans Saints (7-9) .522
16. St. Louis Rams (7-8-1) .537
17. Pittsburgh Steelers (8-8) .465
18. Dallas Cowboys (8-7) .515
19. New York Giants (9-7) .522
20. Chicago Bears (10-6) .514
The final 12 teams will be slotted by playoff elimination. Here they are according to playoff seeding:
21. St. Louis Rams (via Washington Redskins) (9-6-1) .496
22. Minnesota Vikings (10-6) .518
23. Cincinnati Bengals (10-6) .437
24. Indianapolis Colts (11-5) .441
25. Seattle Seahawks (11-5) .506
26. Baltimore Ravens (10-6) .496
27. Green Bay Packers (11-5) .508
28. San Francisco 49ers (11-4-1) .504
29. Houston Texans (12-4) .496
30. New England Patriots (12-4) .496
31. Denver Broncos (13-3) .457
32. Atlanta Falcons (13-3) .421
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