Whether the Ninth Circuit erred when it denied petitioner Ekanem Kufreobon Essien's 28 U.S.C. § 2254 habeas petition based on its conclusion that his constitutional right to have every element proven beyond a reasonable doubt was not violated by the imposition of the California gang enhancement at sentencing, where the evidence was insufficient to establish: (1) the existence of a criminal street gang within the meaning of the Street Terrorism Enforcement and Prevention Act, Cal. Penal Code § 186.22; and (2) that petitioner acted in association with that same criminal street gang.

Whether the Ninth Circuit erred in denying petitioner's habeas petition