Alleyne error, Ellis, 868 F.3d at 1170-71, Ellis made clear that a defendant need not ”object[] during,trial to the jury instructions or the general-verdict form to preserve an Al-leyne objection." Id. at 1171. Instead, the burden is on the government to make sure the jury is properly instructed. Id. (“If the government wanted a heightened sentence under [§ 841(b)(1)(A) ], it was obliged to ensure the jury received proper jury instructions and a special-verdict form with spaces enabling the jury to find [the defendant’s] individually attributable powder and crack-cocaine amounts.”). Nevertheless, a defendant must object at some point before she is sentenced to preserve Alleyne error. Id. To be clear, however, use of the term "Alleyne" is not a necessary predicate to preservation. Id, (<HOLDING>). At oral argument, the parties argued
holding that statutory maximum is twenty years when drug quantity is not charged as element of offense and found by jury beyond a reasonable doubt holding that when the indictment charges that a certain minimum quantity of drugs is involved in the offense proof of that quantity is a fourth element of the offense holding a defendant can preserve the type of error at issue here by invoking the applicable decision here alleyne or by claiming that the issue of drug quantity should go to the jury that an element of the offense was not proved that the judge cannot determine quantity or that quantity must be proved beyond a reasonable doubt and not by a preponderance of the evidence quotations and alteration omitted holding that where the indictment charged drug quantity but drug quantity was not submitted to the jury the district court erred in using drug quantity to increase the penalty beyond the twentyyear maximum of  841b1c holding that apprendi dictates that in order to authorize the imposition of a sentence exceeding the maximum allowable without a jury finding of a specific threshold drug quantity the specific threshold quantity must be treated as an element of an aggregated drug trafficking offense ie charged in the indictment and proved to the jury beyond a reasonable doubt internal footnote omitted