Whether a sentence greater than the maximum authorized by the charge in the indictment requires reversal without regard to the trial evidence

QUESTION PRESENTED FOR REVIEW When assessing if a defendant was prejudiced by a district court’s imposing a sentence greater than the maximum authorized by the charge in the indictment, may a reviewing court base its decision on the weight of trial evidence with respect to an uncharged aggravating sentencing factor (as six circuits have held), or does the imposition of a sentence greater than that authorized by the charge in the indictment require reversal without regard to the trial evidence (as five circuits have held)? i STATEMENT OF RELATED CASES United States v. John Patrick Vescuso, No. 3:14-cr-2863-W-2, United States District Court for the Southern District of California. District court proceeding in which the sentence that is the subject of this petition was imposed. Judgment was entered on November 21, 2016. United States v. John Patrick Vescuso, No. 16-50441, United States Court of Appeals for the Ninth Circuit. Direct appeal deciding issue raised in this petition. Judgment was entered on August 2, 2019. ii