Whether a criminal defendant charged with illegal entry under 8 U.S.C. § 1326(b)(1) and (2) is entitled to notice in the indictment of prior convictions that increase the statutory maximum sentence and for the prior conviction to be proven beyond a reasonable doubt

QUESTION PRESENTED This case presents the issue of whether a criminal defendant charged with illegal entry, pursuant to 8 U.S.C. § 1326(b)(1) and (2), is entitled to notice in the indictment of prior convictions that increase the statutory maximum sentence and for the prior conviction to be proven beyond a reasonable doubt as required in Supreme Court precedent Apprendi v. New Jersey, and the 6th Amendment to the U.S. Constitution. This Court previously held in Almendarez-Torres v. United States, that it was Congress’ intent to make increased punishments sentencing factors and not separate criminal offenses under subsection (b)(2) of § 1326. However, two years later in Apprendi this Court stated Almendarez-Torres was arguably decided incorrectly. Mr. Esparza now asks the Court to revisit the rule in Almendarez-Torres and harmonize it with its holding in Apprendi. i