In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction need not be alleged in the indictment because it was a sentencing factor and not an element of the offense. But Alleyne v. United States, 570 U.S. 99, 114–15 (2013), abandoned the distinction between "sentencing factors" and "elements," and United States v. Haymond, 139 S. Ct. 2369, 2376 (2019), reaffirmed that "a jury must find beyond a reasonable doubt every fact which the law makes essential to [a] punishment that a judge might later seek to impose." Should the Court finally overrule Almendarez-Torres?

Should the Court finally overrule Almendarez-Torres?