United States v. Curtis Lee Brewer, (86-6155), James Phillip Brewer, (86-6156), Giles Erwin Ferguson, (86-6157)

MERRITT, Circuit Judge.

The first sentence of the federal criminal *668firearms law, 18 U.S.C. App. § 1202,1 limits the maximum sentence to two years for felons who possess guns. The question before us in this direct criminal appeal is whether the second sentence of § 1202, which increases the penalty for recidivists,2 enumerates only sentencing “enhancement” facts that need be shown only at the sentencing hearing and need not be alleged in the indictment under the Fifth Amendment 3 nor established beyond a reasonable doubt under the Sixth Amendment.4

This question is presented because the…