Whether the Government may be required to prove the factual basis for a sentencing enhancement by clear and convincing evidence

QUESTIONS PRESENTED 1. Whether the Government may be required to prove the factual basis for a sentencing enhancement by clear and convincing evidence, rather than a preponderance of the evidence, in “extraordinary circumstances” including when the enhancement “would dramatically increase the sentence,” a question this Court expressly reserved in United States v. Watts, 519 U.S. 148, 156 (1997). 2. Whether the law of the case doctrine applies to factual findings. (i)