LaShonda O'Neill v. United States
1). Whether the Fifth Circuit Court of Appeals erred when it failed to employ the Plain error analysis to review, de novo, the District Court's abuse of discretion for Judicial fact-finding when it adopted the PSR that contained increased drug quantities that were not found by the jury beyond a reasonable doubt which is counter to the Constitution's Fifth and Sixth Amendments, in light of Alleyne v. United States.
2). Whether the Fifth Circuit Court of appeals erred by failing to employ the Harmless Error analysis to review de novo the District Court's abuse of Discretion when it overruled the objection to the obstruction of justice guideline enhancement that was based upon the introduction of an affidavit introduced After trial in violation of the Constitution's Fifth and Sixth Amendment's in light of Crawford v. Washington and Alleyne v. United States.
Whether the Fifth Circuit Court of Appeals erred in its review of the District Court's fact-finding and sentencing enhancements