PROPOSITION ONE: Whether the District Court erred in denying Moya's Motion to Dismiss Count 2 in that there was insufficient evidence that the heroin Moya allegedly sold to Dyson killed Weiss nine hours after Weiss' last heroin use.

PROPOSITION TWO: Whether the District Court erred in denying Moya's Motion in Limine to suppress the untimely collection of blood/urine collected by the New Mexico Office of the Medical Examiner.

PROPOSITION THREE: Whether the District Court erred in denying Moya's Motion in Exclude the Expert testimony of Dr. Sam Andrews.

PROPOSITION FOUR: Whether the District Court erred in allowing the Government to pose hypothetical questions which went to the ultimate issue of the case.

Whether the District Court erred in denying Moya's Motion to Dismiss Count 2