1. In reviewing a sentencing judgment, may the Eleventh Circuit consider new materials that were never introduced to the sentencing judge? (A 9-2 split).

2. Whether the holding of Gardner v. Florida, 430 U.S. 349 (1977), should extend to Toala whose sentence was reviewed at least in part, on the basis of information that he had no opportunity to deny or explain at his sentencing, in violation of the due process clause of the Fifth Amendment of the Constitution.

Whether the Eleventh Circuit may consider new materials not presented to the sentencing court