whether-it-is-a-sixth-amendment-and-due-process-violation-for-a-judge-at-sentencing-to-attribute-acquitted-and-relevant-conduct-by-a-preponderance-of-the-evidence-that-exceeds-the-affirmative-finding-found-by-a-jury-beyond-a-reasonable-doubt

QUESTIONS PRESENTED . Question # 1 ; . ‘Whether it is a Sixth Amendment and Due Process violation for a judge at ‘sentencing to attribute acquitted and relevant conduct by a preponderance of the evidence. That exceeds the affirmative finding found by a jury beyond i a reasonable doubt in a special drug verdict form that established a quantity ; _ of drugs and not a statutory range of drugs. Given this Court's recent ruling in Nelson v. Colorado, 137 S. Ct. 1249, 197 L. Ed. 2d 611 (2017) and the 9th Circuit's holding in Pimentel~Lopez , 828 F.3d 1173 (2015). ~ Question # 2 Whether it was a violation of Petitioner's Fifth and Sixth Amendment and right to conflict free attorney. At a post trial/pre appeal hearing where © ; , "critical stage attaches". Where Petitioner, filed an ineffective assistance ; of counsel claim against his trial attorney and at the post trial/pre appeal , a hearing for I.A.C. Petitioner was represented by the same attorney that he’ had filed the I.A.C. against. And, the District Court made a finding on the ' record off of the hearing. :