Whether a less demanding standard of review than plain error should be applied

QUESTIONS PRESENTED Whether a less demanding standard of review than plain error should be applied where the issue is one of law and defendant gained no possible tactical advantage by failing to have raised the issue below. Whether federalism principles preclude holding Le criminally liable under the Biological Weapons Anti-Terrorism Act of 1989, 18 U.S.C. §175 et seq., for attempting to acquire a single dose of ricin. Whether the Biological Weapons Act, 18 U.S.C. §175 et seq., is unconstitutional, because it falls neither within Congress’s authority under the Commerce Clause nor under the Treaty Power. 2