1. Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2Al.l-to be treated as an element-when that finding is relied upon to support an enhanced Guideline sentence the jury s verdict does not allow? If so,

2. Whether the court of appeals erred in denying Petitioner a certificate of appealability-based on the district court's merits determination-rather than considering the debatability of the Sixth Amendment claim in question?

Whether the Sixth Amendment requires the fact of a first-degree murder cross reference under § 2A1.1 to be treated as an element when that finding is relied upon to support an enhanced Guideline sentence the jury's verdict does not allow