As to both petitioners,

1. Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level criminal activity when the activity is unrelated to the administration of other federal laws or interests and no official proceeding is pending?

As to petitioner Henry Cervantes only:

2. Whether the Sixth Amendment right to a jury trial allows a judge to base or enhance a criminal defendant's sentence on conduct underlying a charge for which a jury acquitted the defendant.

Whether the federal obstruction of justice statute, 18 U.S.C. §1512(c)(2) (obstruction of an official proceeding), can be applied to street level criminal activity when the activity is unrelated to the administration of other federal laws or interests and no official proceeding is pending?