Whether a finding on the issue of drug quantity that increases the statutory maximum sentence requires the jury to make an individualized determination of the amount of drugs attributable to a defendant

QUESTION PRESENTED In Alleyne v. United States, 570 U.S. 99 (2013), this Court ruled any fact that increases a mandatory minimum sentence constitutes an “element” of the offense that must be submitted to a jury and proved beyond a reasonable doubt under the Sixth Amendment. The Tenth Circuit has joined the majority of circuits in holding that, where a finding on the issue of drug quantity increases the mandatory minimum sentence, a jury must make an individualized determination of the amount of drugs attributable to a defendant. The question presented is: 1. Whether a finding on the issue of drug quantity that increases the statutory maximum sentence requires the jury to make an individualized determination of the amount of drugs attributable to a defendant because under such circumstances, drug quantity constitutes an “element” of the offense for purposes of the Sixth Amendment. 2