may raise a problem under Blakely or Booker in either of two ways: in one, the sentencing judge may use facts found only by the judge to U BE THE JUDGE You are a federal district judge. Under federal sentencing guidelines, the prison term that may be given for a conviction of various crimes can be "enhanced" based on factors involving the crime or the defendant. Some examples of enhancement factors include: . The crime is a hate crime, or the victim is elderly or handicapped. . The person is a repeat offender (habitual criminal statute). . A dangerous weapon is used in committing the crime. . A bulletproof garment is used in committing the crime. . Concealment of identity (such as a mask) is used. . Drugs or a weapon are used or sold within 1,000 feet of a school. The defendant before you has been convicted of possession of child por- nography. The appropriate sentence for that crime, you conclude, is 60 months in prison. However, the prosecutor contends that the defendant is subject to a mandatory, ten-year prison term sentence enhancement under 18 U.S.C. $ 2252 (b) (2). The section states that the mandatory ten-year enhanced sentence is required if the defendant has a prior conviction for "aggravated sexual abuse, sexual abuse, or abusive sexual contact involving a minor or ward." Eleven years ago the defendant was convicted for sexual assault of his then-53-year-old girlfriend. Are you required to give the defendant the 10-year minimum sentence enhancement? What are the arguments for or against the prosecution's position? Is the enhancement statute ambiguous? See Lockhart v. United States, 136 S. Ct. 958 (2016). What is the "Rule of Lenity," and why didn't the Supreme Court apply the rule in Lockhart