Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated as a constitutional "element" of the crime within the meaning of this Court's holding in Apprendi V. New Jersey, 530 U.S. 466 (2000), warranting reconsideration of Almendarez-Torres V. United States, 523 U.S. 224 (1998), statutory limitation on the type of facts subject to the jury trial guarantee?

Whether the contested fact of prior conviction entering into the sentence to increase a defendant's penalty for the instant offense, must be treated as a constitutional 'element' of the crime within the meaning of this Court's holding in Apprendi v. New Jersey, 530 U.S. 466 (2000), warranting reconsideration of Almendarez-Torres v. United States, 523 U.S. 224 (1998), statutory limitation on the type of facts subject to the jury trial guarantee?