WHETHER THE GENERAL SIXTH AMENDMENT RULE ANNOUNCED BY THE COURT IN APPRENDI, AS EXTENDED BY ALLEYNE, OVERRULES THE COURT'S HOLDINGS IN BOTH MCMILLAN AND WATTS, WHICH STANDS FOR THE PROPOSITION THAT DUE PROCESS PERMITS A SENTENCING COURT TO CONSIDER CONDUCT OF WHICH A DEFENDANT HAD BEEN ACQUITTED AT TRIAL, USING A PREPONDERANCE OF THE EVIDENCE STANDARD, AND IF SO, WHETHER DUE PROCESS PRECLUDES A SENTENCING COURT FROM CONSIDERING ACQUITTED CONDUCT IN ARTICULATING A SUBSTANTIAL AND COMPELLING REASON IN SUPPORT OF AN UPWARD DEPARTURE FROM AN ESTABLISHED ADVISORY GUIDELINES MINIMUM SENTENCE RANGE?

WHETHER THE GENERAL SIXTH AMENDMENT RULE ANNOUNCED BY THE COURT IN APPRENDI, AS EXTENDED BY ALLEYNE, OVERRULES THE COURT'S HOLDINGS IN BOTH MCMILLAN AND WATTS