Question 1: This Court should resolve the circuit split that has developed by finding that the twelve-level terrorism enhancement under U.S.S.G. §3A1.4 requires a finding of specific intent pursuant to 18 U.S.C. § 2332B(g)(5).

Question 2: Imposing a twelve-level terrorism enhancement, automatically making a defendant's criminal history a category VI, on a criminal defendant when the underlying elements of the crime were not established by proof beyond a reasonable doubt is incongruous to this Court's holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000).

This Court should resolve the circuit split that has developed by finding that the twelve-level terrorism enhancement under U.S.S.G. §3A1.4 requires a finding of specific intent pursuant to 18 U.S.C. § 2332B(g)(5)