1. Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its deliberations ~ that it can find a defendant guilty of a theory that was not sufficiently developed in the indictment or argued by the prosecution during the trial.

2. Whether the Fifth Amendment right against self-incrimination prohibits a court from considering a defendant's lack of remorse during a sentencing hearing.

Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its deliberations ~ that it can find a defendant guilty of a theory that was not sufficiently developed in the indictment or argued by the prosecution during the trial