Whether the 'Mathis peek' used by the court below to guess if a fact is an element or a means of committing an offense violates the Sixth Amendment

QUESTIONS PRESENTED 1. Whether the “Mathis peek” used by the court below to guess if a fact is an element or a means of committing an offense violates the Sixth Amendment by increasing a defendant’s mandatory sentence based on facts that may not have needed to be found beyond a reasonable doubt. 2. Whether Taylor’s definition of generic burglary requires proof that intent to commit a crime was present at the time of unlawful entry or initial unlawful remaining (as two circuits hold), or whether (as the court below and three other circuits hold) it is enough that the defendant formed the intent to commit a crime at any time while unlawfully “remaining in” the building or structure. 2