Whether Article III of the U.S. Constitution precludes federal courts of appeals from issuing "non-precedential" decisions to resolve contested appellate issues, as the Eighth Circuit previously held in Anastasoff v. United States, 223 F.3d 898 (8th Cir. 2000), overruled as moot by Anastasoff v. United States, 235 F.3d 1054 (8th Cir. 2000); and

Whether the right to due process in connection with an appeal is satisfied when a litigant's non-frivolous appellate arguments are disposed of by way of a non-precedential order that overlooks material facts and/or does not explain its legal conclusions.

Whether a Criminal Justice Act appointed attorney may be granted an extension of time to file a petition for certiorari due to professional workload constraints