context: Neither the quantity of narcotics nor possession of a firearms is an element of the offense for which Defendant was convicted. While the sentencing guidelines account for these factors in calculating the offense level, the Supreme Court has recognized that there is no right to jury trial on sentencing factors.
citation_a.signal: see also
citation_a.identifier: 21 S.Ct. 389, 390
citation_a.parenthetical: no right to jury trial on habitual offender status which state treated as sentencing factor
citation_a.sentence: See also McDonald v. Massachusetts, 180 U.S. 311, 313, 21 S.Ct. 389, 390, 45 L.Ed. 542 (1901) (no right to jury trial on habitual offender status which state treated as sentencing factor).
citation_b.signal: no signal
citation_b.identifier: 477 U.S. 93, 93
citation_b.parenthetical: no right to jury trial on weapon possession which state treated as sentencing consideration
citation_b.sentence: McMillan, 477 U.S. at 93, 106 S.Ct. at 2420 (no right to jury trial on weapon possession which state treated as sentencing consideration).