Can a court of appeals sanction a lower court's departure from this court's well-established precedents that effectively conflates the standard of reviewing whether a prior conviction to alter the statutory mandatory minimum and/or sentencing penalty a defendant is subjected to after conviction is consistent with this court's holdings made in Apprendi and Alleyne to protect a defendant's Sixth Amendment rights?

QUESTION(S) PRESENTED 1).Can a court of appeals sanction a lower courts depature from this court's well established percedents that effectively conflates the standard of reveiwing whether a prior conviction . to alter the statutory mandatory minimum and or gee penalty a defendaant is subjected to after conviction ” consistent with theis courts holdings made in Appreni and : Grr. made to protect a defendant's Sixth Amendment rights? 2) Does it violate the Ex post Facto clause for a habeas court reviewing a sentencing Guidelines claim to make a hypothetical conclusion that it would have relied on the residual clause of the Guidelines to enhance a defendant's sentence because it GE to’ make the requisit inquiry during the sentencing heareven though the Circuit had assumed the residual clause was vague prior to the defendant's sentencing and after the ‘+: commission amended the guidelines to exclude the residual clause? fa tse