As every Federal Court of Appeals has now taken a position, should this Court resolve the Circuit split as to the proper fact-finding standard for uncharged conduct under the Due Process Clause of the Fifth Amendment when a prison sentence of less than the statutory maximum term is substantially increased?

QUESTIONS PRESENTED FOR REVIEW 1. As every Federal Court of Appeals has now taken a position, should this Court resolve the Circuit split as to the proper fact-finding standard for uncharged conduct under the Due Process Clause of the Fifth Amendment when a prison sentence of less than the statutory maximum term is substantially increased? 2. Should this Court intervene and clarify the Second Circuit’s misinterpretation of the phrases “fentanyl analogue” in 21 U.S.C. § 802(32) and “analogue of fentanyl” in 21 U.S.C. § 841(b)(1)(B)(vi), as they were interpreted in a way that conflicts with the Due Process Clause of the Fifth Amendment and is contrary to relevant decisions of this Court? i