1. Whether the failure of the Tenth Circuit to apply the rule of lenity to
18 U.S.C. § 2242(2)(A) resulted in an interpretation of ambiguous
language in the statute that denied Petitioner his right to due process
under the 5th Amendment. The statute prohibits engaging in a
sexual act with a person incapable of appraising the nature of the
conduct, and the phrase "incapable of appraising the nature of the
conduct" is ambiguous, as evidenced by different interpretations of
similar language in sex abuse statutes from different states. The
Tenth Circuit interpretated the ambiguous language broadly and
expanded the scope of potential victims to include those who lack the
ability to consider the implications of their conduct on others. In so
doing, the Tenth Circuit added language not contained in 18 U.S.C. §
2242(2)(A).

Whether the failure of the Tenth Circuit to apply the rule of lenity to 18 U.S.C. § 2242(2)(A) resulted in an interpretation of ambiguous language in the statute that denied Petitioner his right to due process under the 5th Amendment