A. whether the Ninth Ciruit should sue sponte vacate or grant
Conviction/sentence becanse ind: ctment alleged certificuateont
of statnte scope aleording to cevedand. a jurisdictionalenr not
subject to procedural defanlt.
becomse petitioner is fatnal inmolence and insuffi cient evidere
C. whether coA shall be issned to vacate restitution order beconse
district count lack jurisdiction to impose from consequential/
incidential toss, IA consti tutional violation of U.S.Const. AmendI.
and184.s.c3663vi0lation.

whether the Ninth Circuit should sua sponte vacate a grand jury conviction and sentence because the defendant alleges court error in failing to apply a statute's savings clause