In sentencing a defendant for a non-violent gun-possession offense, what role, if any, should a district court's stereotyped views about firearms in general and the surrounding population in particular, play in fashioning a sentence? And when circuit judges vote to hear a case en banc, what should happen to the appellant when judges who vote to hear the case en banc but fail to overturn binding precedent?

Whether a federal appellate court can affirm a criminal sentence by an equally divided en banc court when the original panel found the sentence procedurally unreasonable under binding precedent