Whether a sentence may be enhanced for an offense tried to but not found by the jury

QUESTIONS PRESENTED A. — The government failed to overcome the presumption of innocence when the jury could not reach a verdict on an attempted murder count. Did it violate the Due Process Clause and the Sixth Amendment right to trial by jury for the district court to, despite the government’s failure to overcome the presumption of innocence at trial, apply the attempted murder sentencing guideline through across reference from the guideline for convictions on two firearms counts? B. Petitioner was convicted of being a felon in possession of a firearm and being an illegal alien in possession of a firearm in violation of 18 U.S.C. § 922(g), but the indictment did not allege, the jury instructions did not require a finding of, and the government did not attempt to prove the knowledge of status required by Rehaif'v. United States, 139 S. Ct. 2191 (2019). 1. Does failure to make a specific Rehaif argument in a general motion for judgment of acquittal limit review of a sufficiency of evidence claim to review for plain error? 2. To the extent plain error review does apply, is a reviewing court permitted to look to evidence outside the trial record in determining whether there was an effect on substantial rights and/or an effect on the fairness, integrity or public reputation of judicial proceedings? 3. Is a stipulation to the fact of status, as there was in the present case and there is in most 18 U.S.C. § 922(g) cases, sufficient evidence to establish the knowledge of status that Rehaif requires? i