Can a district court judge determine that an individual's prior offenses occurred 'on occasions different,' as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e), by a preponderance of the evidence or do the Fifth and Sixth Amendments require this fact to be charged in the indictment and proven to a jury beyond a reasonable doubt?

QUESTION PRESENTED FOR REVIEW Can a district court judge determine that an individual’s prior offenses occurred “on occasions different,” as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e), by a preponderance of the evidence or do the Fifth and Sixth Amendments require this fact to be charged in the indictment and proven to a jury beyond a reasonable doubt? ii