Whether Petitioner's sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by the Petitioner or proved to a jury beyond a reasonable doubt

QUESTION PRESENTED Petitioner pleaded guilty to conspiracy to transport aliens within the United States and being found in the United States after a previous deportation. She admitted to the district court to transporting aliens on one occasion, providing an alien she harbored at hotel with food and money, and her reentry. Based on her criminal history, this conduct would subject her to an advisory federal Sentencing Guidelines range of 24 to 30 months. Regardless, the court, based on its own fact-finding, held the Petitioner responsible for (1) involving 25 to 99 aliens in the offense, (2) transporting unaccompanied minors, (3) recklessly endangering aliens, (4) detaining them against their will, (5) being a primary organizer of the smuggling ring, and (6) obstructing justice by deleting her cell phone data. These judge-found facts subjected the Petitioner to an advisory Guidelines range of 168 to 210 months, and ultimately resulted in her sentence of 120 months. The question presented is whether Petitioner’s sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by the Petitioner or proved to a jury beyond a reasonable doubt. i