I. WAS THE DISTRICT COURT AND APPEALS COURT WRONG TO DENY
THE RULE 60(b) MOTION AND CERTIFICATE OF APPEALABILITY,
REPSECTIVELY, WHEN THIS COURT HAS SPECIFICALLY HELD
THAT THE EMPLOYMENT OF AN INCORRECTLY CALCULATED USSG
RANGE IS A SUBSTANTIVE VIOLATION OF A CRIMINAL DEFENDANT'S
Sue process ?

II. IN THE ALTERNATIVE, WAS THE APPEALS COURT WRONG-TO DENY
A CERTIFICATE OR APPEALABLITY BEFORE HAVING RULED ON
PETITIONER DEFRANCISCI's PROPERLY FILED MOTION FOR LEAVE
TO FILE SUPLEMENT — WITH SUPPLEMENT FILED CONTEMPORANEOUSLY
THEREWITH PRIOR TO ENTERING AJFINAL ORDER?

Was the district court and appeals court wrong to deny the Rule 60(b)(6) motion and certificate of appealability, respectively, when this court has specifically held that the employment of an incorrectly calculated USSG range is a substantive violation of a criminal defendant's due process?