(1)WHETHER THIS COURT SHOULD EXPAND THE FRAME-WORK DECIDED IN "UNITED STATES V. HAHN",IN THE TENTH CIRCUITS DETERMINATION OF A KNOWING AND VOLUNTARILY MADE APPEAL WAIVER AND GUILTY PLEA,WHERE DESPITE THIS COURTS INSTRUCTIONS IN 'UNITED V. McCARTHY',THERE REMAINS A CIRCUIT SPLIT ON ITS APPLICATION.

(2)WHETHER THE "UNITED STATES V. GALLOWAY" ENBANC DECISION IN THE TENTH CIRCUIT,PREVENTED THE PANEL FROM UTILIZING ITS "INHERENT EQUITABLE AUTHORITY" TO SUPPLEMENT THE RECORD ON APPEAL,TO RES,OLVE AN INEFFECTIVE-ASSISTANCE CLAIM ON DIRECT APPEAL,EVEN WHERE THE DEFENDANT HAS MADE A COLORABLE SHOWING OF ACTUAL INNOCENCE.

Whether the court should expand the framework in United States v. Hahn on appeal waivers