WHETHER THE GENERAL SIXTH AMENDMENT RULE ANNOUNCED BY THE COURT IN APPRENDI, AS EXTENDED BY ALLEYNE, OVERRULES THE COURT'S HOLDINGS IN BOTH MCMILLAN AND WATTS

No question identified. : WHETHER THE GENERAL SIXTH AMENDMENT RULE ANNOUNCED BY THE : ; COURT IN APPRENDI, AS EXTENDED BY ALLEYNE, OVERRULES THE COURT'S HOLDINGS IN BOTH MCMILLAN AND WATTS, WHICH STANDS FoR THE PROPOSITION THAT DUE PROCESS PERMITS A SENTENCING COURT TO CONSIDER CONDUCT OF WHICH A DEFENDANT HAD BEEN AQQUITEED AT TRIAL, USING A PREPONDERANCE OF THE EVIDENCE STANDARD, AND IF : SO, WHETHER DUE PROCESS PRECLUDES A SENTENCING COURT FROM. : CONSIDERING ACQUITTED CONDUCT IN ARTICULATING A SUBSTANTIAL AND COMPELLING REASON IN SUPPORT OF AN UPWARD DEPARTURE FROM AN ESTABLISHED ADVISORY GUIDELINES MINIMUM SENTENCE RANGE? ; -[~