Whether the district court judge may find the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from one another' under the Armed Career Criminal Act by a preponderance of the evidence, or if the Constitution requires that fact to be charged in the indictment and proven to the jury beyond a reasonable doubt

QUESTION PRESENTED FOR REVIEW The Armed Career Criminal Act enhances the statutory penalty for a firearms offense under 18 U.S.C. § 922(g)(1) when the offender has three predicate convictions for offenses that were “committed on occasions different from one another.” 18 U.S.C. § 924(e)(1). May a district court judge properly find, by a preponderance of the evidence, the uncharged, non-elemental fact that a person committed three prior offenses “on occasions different from one another,” as required by the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1), or does the Constitution require that fact to be charged in the indictment and proven to the jury beyond a reasonable doubt? ii