Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit" or "Appellate Court")–which affirmed the decision of the District Court applying a sentencing enhancement under U.S.S.G. § 2B3.1(b)(2)(C) despite the fact that the Presentence Investigation Report found the enhancement did not apply–conflicts with decisions of this Court on an important matter, and thus the decision by the Fifth Circuit calls for an exercise of this Court's supervisory powers such that a compelling reason is presented in support of discretionary review.

Whether the decision of the Fifth Circuit conflicts with Supreme Court precedent on sentencing enhancements