Whether the Sixth and Fourteenth Amendments require a jury to find beyond a reasonable doubt that aggravating facts amount to 'substantial and compelling reasons' for an upward departure from presumptive sentencing guidelines

QUESTION PRESENTED Whether the Sixth and Fourteenth Amendments require a jury to find beyond a reasonable doubt that one or more aggravating facts amount to “substantial and compelling reasons” for an upward departure from the presumptive range, as is necessary to impose an enhanced sentence under several states’ mandatory guidelines. ii STATEMENT OF