Whether the Tenth Circuit's decision sanctioning a preponderance of the evidence standard to find criminal acts that nearly doubled the advisory sentencing guideline calculation violates the defendant's Fifth Amendment right to due process

Question Presented for Review Expressed _in the Terms and Circumstances of the Case. The Tenth Circuit’s decision is in conflict with decisions from the Ninth Circuit Court of Appeals. The Tenth Circuit affirmed the district court’s use of a preponderance of the evidence standard to find Mr. Adams committed criminal acts that nearly doubled his advisory sentencing guideline calculation and ultimately lead to a sentence at the statutory maximum. The Tenth Circuit’s decision sanctioning the use of a preponderance of the evidence standard is contrary to decisions of the Ninth Circuit Court of Appeals holding a clear and convincing evidence standard applies when a sentencing factor has an extremely disproportionate effect on the sentence relative to the offense of conviction. Does the Tenth Circuit’s decision sanctioning a preponderance of the evidence standard in this case violate Mr. Adams’s Fifth Amendment right to due process? 1 (b) List of all