ONE
Does Apprendi decision apply to Arizona Defendants on the date that the
U.S. Supreme Court ruled on Apprendi (June 26, 2000), or on the date that
the Blakely decision came out (June 24, 2004), which only re-interprets the
meaning of Apprendi?

TWO
Is Blakely retroactive to Apprendi?

THREE
If a defendant does not admit aggravating factors nor does a jury convict
him of these aggravating factors as is now required under Apprendi, does
the court or did the court have SMJ or any jurisdiction, to issue an enhanced
sentence using these aggravating factors?

FOUR
Does the Rule of Lenity or Rule of Finality take precedence? They are in
conflict in this case and the lower court is choosing Finality.

FIVE
Did the Ninth Circuit violate Slack v. McDaniel, 529 U.S. 473, 484, 120 S. Cf.
1595, 146 L. Ed. 2d 542 (2000); see also 28 U.S.C. § 2253(c)(2); in denying
Certificate of appealability, by relying on their own conflicting ruling in
United States v. Winkles, 795 F.3d 1134,1143 (9th Cir. 2015); Lynch v. Blodgett, 999 F.2d
401, 403 (9th Cir. 1993)

Does Apprendi decision apply to Arizona Defendants