I. Whether the Defendent, Mr. Apodaca
and sentence can not be upheld' under the definition of "crime
of violence" for count five of the indictment of 18U.S.C. § 924 (c)can prove that his conviction
(1) (A), (B) (ii).

II. Whether the Government's actions in this case violated the principr .
les of Federalism under the "Commerce Clause" of the tenth Amendment
(U.S. Const. Art. I, § 8cl. 3), and violated the"Due Process Clause"
of the Fifth Amendment (U.S.C.A. Const. Amend. .5) of the United States
Constitution. By driving Mr. Apodaca across State Lines to improperly
manufacture Federal Jurisdiction so that the Government may Prosecute
Mr. Apodaca in counts two through six of the indictment.

Whether the defendant's conviction and sentence can be upheld under the definition of 'crime of violence'