Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated as a constitutional 'element' of the crime within the meaning of this Court's holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), warranting reconsideration of Almendarez-Torres v. United States, 523 U.S. 224 (1998), statutory limitation on the type of facts subject to the jury trial guarantee?

QUESTION PRESENTED FOR REVIEW : Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated as a ; constitutional "element" of the crime within the meaning of this Court's holding — in Apprendi v. New Jersey, 530 U.S. 466 (2000), warranting reconsideration of Almendarez-Torres v. United States, 523 U.S. 224 (1998), statutory limitation on the type of facts subject to the jury trial guarantee? (4)