Whether the government's use of a preponderance-of-the-evidence standard to prove that the defendant sent text messages violates the defendant's right to acquittal except upon proof beyond a reasonable doubt

QUESTION PRESENTED When the government brings criminal charges based on an allegation that the defendant sent a series of text messages, does it violate the defendant’s right to acquittal “except upon proof beyond a reasonable doubt,” Jn re Winship, 397 U.S. 358, 364 (1970), for the trial court to instruct the jury to decide whether the defendant sent those text messages by a preponderance of the evidence?