Whether Petitioner's sentence violates the Sixth Amendment

QUESTION PRESENTED Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of 10.6 ounces of the drug. Based on his criminal history, this conduct would subject him to an advisory federal Sentencing Guidelines range of 210 to 262 months. Regardless, the court, based on its own factfinding, held the Petitioner responsible for an additional 5 pounds of methamphetamine despite his denial of any involvement with this additional amount at his plea hearing. This judge-found fact subjected the Petitioner to an advisory Guidelines range of 324 to 405 months, and ultimately resulted in his sentence of 324 months. The question presented is whether Petitioner’s sentence violates the Sixth Amendment because its reasonableness depends upon a fact found by the court that was not admitted by the Petitioner or proved to a jury beyond a reasonable doubt. i