Whether the Court should overrule Almendarez-Torres v. United States and hold that a prior conviction is an element of the aggravated form of the illegal reentry offense under 8 U.S.C. § 1326(b)

QUESTION PRESENTED The default penalty range for illegal reentry in violation of 8 U.S.C. § 1326(a) is a sentence of “not more than 2 years” in prison. Petitioner was sentenced to 10 years in prison, based on the sentencing court’s determination that he was previously removed from the United States “subsequent to conviction for commission of ... a felony.” § 1326(b)(1). Under this Court’s decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), the existence of the prior conviction was not an “element” of the aggravated form of the offense found in § 1326(b). The question presented is whether this Court should overrule AlmendarezTorres. i