Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated when the District Court sentenced Mr. Clayton above the statutory maximum in a racketeering conspiracy based on a jury's finding that murder was involved in the Conspiracy, but where murder was defined to include crimes which do not carry life sentences.

Whether the Due Process Clause of the Fifth Amendment, and the Jury Trial guarantees contained in the Sixth Amendment were violated