No: 1 )Was the Court of Appeals wrong for failing to dismiss the
defective indictment that created a split in circuits
where the the Fifth and Ninth circuits both agreed that
indictment that charges a defendant with aiding and abetting
venture designed to smuggle aliens must identify a co-con
spirator whom the defendant aided and abetted in the
indictment?an

No: 2) Does the Court of Appeals violate:the defendants right to
Due Processand the Sixth Amendment rights to effective
assistance of counsel by leaving a timely filed motion to
discharge counsel unresolved, prior to affirming the defen
dants conviction?

No : 3 )Does the Court of Appeals violate the defendant's rights to
Due Process by leaving a claim unresolved that was raised
for the first time and timely filed in a Petition for Re-
Hearing and Re-Hearing Enbanc under Fed. Rules. Crim. P. 12
(b) (3) (B) which permits a Court to hear a claim at anytime
while the case is pending to hear a claim that the indictment
or information fails to envoke the Courts Jurisdiction?

No: 4) Does the Clerk of the Courts of Appeals violate the defend
ant rights to Due Process (after) the Court has granted the
defendant the right to proceed pro-se by failing to accept
a timely filed motion that the court lacked jurisdiction
where the Eleventh Circuit has made it clear that a motion
for lack of jurisdiction is timely filed once the mandate
has not been issued?

No: 5 )Does it violate the Supreme Courts holdings in Blackledge
v. Perry, Henna v.New York and United States v. Broce by
allowing a conviction to standon double jeopardy grounds
and by failing to consider facts raised by the defendant in
his initial brief that he has been already charged with the
same crime in an earlier indictment that charged identical
crimes?

No: 6 )Does the Court of Appeals violates the Supreme Court Holdi-
ings in Aprendi v. New Jersey and United States v. Davis by
by concluding that the 404 (B) evidence used to enhance the
defendants sentence (12 levels in total) was a prior con
viction when the record of any facts that the 404(B) case
used was infact a prior conviction?

No: 7) Can the Court under Fed. Rules. Crim. P. 52(b) exercise it's
discression as it did in Silber v. United States to correct
a plain error where the defendant was taken to trial, con
victed and sentenced on a criminal indictment that the Court
did not have jurisdiction to convict in the first place, in
a case where the defendant's conduct did not violate the
charging statute?

Was the indictment defective?