WHETHER A DRASTICALLY INCREASED SENTENCE (FROM ROUGHLY 10 YEARS TO 12 YEARS) THAT WOULD NOT HAVE BEEN REASONABLE BUT FOR JUDGE-FOUND FACTS VIOLATES THE SIXTH AMENDMENT.

WHETHER REHEARING EN BANC WAS JUSTIFIED WHENEVER "THE PANEL DECISION CONFLICTED WITH A DECISION OF THE UNITED STATES SUPREME COURT," FED.R.APP.P. 35(B)(1)(A), AND RESOLUTION OF THE CONFLICT THROUGH "EN BANC" CONSIDERATION WAS NECESSARY TO SECURE OR MAINTAIN UNIFORMITY OF THE COURT'S DECISIONS." Id 35(a)(1).

whether-a-drastically-increased-sentence-violates-the-sixth-amendment