Whether the Fifth Circuit had appellate jurisdiction to review the district court's denial of a motion for downward departure under the Sentencing Guidelines and whether the existence of a pre-removal felony conviction is a fact that must be pleaded in the indictment or proven to a jury

1. Whether the Fifth Circuit had appellate jurisdiction to review the district court’s denial of a motion for downward depart ure under the Sentencing Guidelines. 2. Whether, under 8 U.S.C. § 1326(b)(1), the existence of a pre-removal fe lony conviction is a fact that must be pleaded in the indictment and either proven to a jury beyond a reasonable doubt or admitted during a defendant’s guilty plea. ii DIRECTLY