Question 1. Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of the Equal Protection clause of the 14th Amendment?

Question 2. Whether trial counsel was constitutionally deficient in violation of the 6th Amendment for failing to file pretrial motions to dismiss the indictment grounds of selective prosecution when the lower courts unanimously hold that the elements of the defense of selective prosecution were available to Petitioner prior to trial but waived because of failure to file requisite motions?on

Whether the lower courts erred by lending themselves to a prosecution that intentionally selected minority physicians for prosecution in violation of the Equal Protection clause of the 14th Amendment?