Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he committed his offense within five years of his release from prison and on that basis enhances his sentence above the statutory maximum for his underlying offense?

QUESTION PRESENTED Whether a sentencing court violates a defendant’s Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he committed his offense within five years of his release from prison and on that basis enhances his sentence above the statutory maximum for his underlying offense? i