Can a defendant appeal his conviction on count four of the most serious sexual assault charge under section 803, subdivision 1 of the Federal Criminal Code?

Defendant contends the Fifth and Fourteenth Amendment of the United States Constitution require the prosecution to prove beyond a reasonable doubt the four elements triggering section 803, subdivision (f)(1)'s application, and his conviction on count four must be reversed because the prosecution was not required to prove the application of section 803, subdivision (f)(1) by proof beyond a reasonable doubt. Citing Apprendi v. New Jersey (2000) 530 U.S. 466, 490, he argues a defendant cannot be convicted of an offense unless the prosecution proves every fact necessary to the conviction beyond a reasonable doubt.