Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to impose a sentence in excess of the one established by Congress for the only offense charged in the indictment and plead by the defendant, and whether such a finding by lower court amounts to a patent violation of the defendant's constitutional rights under the Fifth Amendment's Due Process Clause and the Sixth Amendment's notice and jury trial guarantees and, therefore, render the ACCA unconstitutional

QUESTION PRESENTED Whether the Constitution permits a sentencing judge to find non-elemental facts by a preponderance of the evidence and then rely on those facts to impose a sentence in excess of the one established by Congress for the only offense charged in the indictment and plead by the defendant, and whether such a finding by lower court amounts to a patent violation of the defendant’s constitutional rights under the Fifth Amendment's Due Process Clause and the Sixth Amendment’s notice and jury trial guarantees and, therefore, render the ACCA unconstitutional. 1