1. When a defendant submits a sworn Declaration attached to her objections to a
Presentence Report, which denies certain key required elements of the 2-level
weapons enhancement under Sec. 2D1.1 (b)(1), and the Government has not
responded with some evidence to refute such sworn statements as part of its initial
burden to prove the weapons possession and temporal and spatial relationship, can the
defendant be enhanced, consistent with due process, without the Government having
met its initial burden?

2. Where a Presentence Investigation Report ("PSR") contains allegations of criminal
conduct by a defendant which are stated to be "false" by the district judge at
sentencing, but are not used in determining the sentence, is it error to include such
untrue allegations in the PSR despite the court's finding that they are false, without
either deletion of the allegations or notice to the Bureau of Prisons that such
allegations are false?

When a defendant submits a sworn Declaration denying key elements of a weapons enhancement, can the defendant be enhanced without the Government meeting its initial burden?