Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2A1.1 to be treated as an element when that finding is relied upon to support an enhanced Guideline sentence the jury's verdict does not allow

QUESTION(S) PRESENTED 1. Whether the Sixth Amendment. requires the fact of a first-degree murder cross reference under § 2A1.1-to be treated as an element-when that finding is relied upon to support an enhanced Guideline sentence the jury's verdict does . not allow? If so, . 2. Whether the court of appeals erred in denying Petitioner a certificate of appealability-based on the district court's merits than ; considering the debatability of the Sixth Amendment claim in question? . (44) :