Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt?

QUESTION(S) PRESENTED I. Whether all factsincluding the facts of a prior convictionthat increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt? Subsidiary questions: Dis the district court err in sentencing Quintero-Corral to a term of imprisonment greater than three years for a violation of 8 U.S.C. § 1326? Are the statutory enhancement provisions in 8 U.S.C. § 1326(b) unconstitutional because Congress unequivocally intended the enhancements to be sentencing factors, not elements of separate offenses; but under the United States Supreme Court's decision in Aprendi v. New Jersey, 530 U.S. 466 (2000), such a scheme is unconstitutional? Whether Quintero-Corral's guilty plea was involuntary and taken in violation of Fed. R. Crim. P. 11 because Quintero-Corral was not admonished that prior felony provision of 8 U.S.C. § 1326(b)(1) stated an essential offense element that Quintero-Corral had the right to have the government prove, and a jury find, beyond a reasonable doubt? ii oe PARTIES Francisco Quintero-Corral, is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiff-appellee below. . & iii