Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights?

QUESTION PRESENTED L Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez’s Fifth Amendment and Sixth Amendment rights? I. Whether acquitted conduct should be considered at sentencing? Il. Whether the Confrontation Clause should be applied at sentencing? IV. Whether a sentencing disparity between powder and crack cocaine is constitutional? V. Whether Rodriguez’s suppression motion should have been granted? Oe