I. WHETHER THE ELEVENTH CIRCUIT'S DECISION IN UNITED STATES V. SMITH, AND CONFLICTS WITH THE EIGHTH CIRCUIT COURT IN UNITED STATES V. DARDEN?

II. WHETHER THE APPELLATE COURT ERRED BY APPLYING AN INCORRECT LEGAL STANDARD OF LAW ON THE DISPARITY RULING WHEN IT RELIED ON UNWARRANTED SIMILARITIES AMONG DIFFERENTLY SITUATED CODEFENDANTS AS OPPOSED TO COMPARING PETITIONER TO SIMILARLY SITUATED DEFENDANTS CAUSING A DECISION THAT CONFLICTS WITH THIS COURT'S DECISION IN GALL V. UNITED STATES?

Whether the circuit and district court committed constitutional procedural error by failing to weigh the mandated public safety concern, violating the spirit of U.S.S.G. § 1B1-10(b)(1), commentary note 1(b)(ii) causing: an intra-circuit conflict with United States v. Smith, and conflicts with the Eighth Circuit Court in United States v. Darden