Where the government's case against a defendant is extremely weak, does the prosecutor's persistent misconduct during trial by making improper insinuations and assertions which prejudiced the cause of the accused, falsely creating the appearance to the jury that the prosecution's case was strong including assertions of items of evidence which did not exist, deny a defendant due process of law and require a new trial pursuant to Berger v. United States, 295 U.S. 78 (1935)?

QUESTIONS PRESENTED I. Where the government’s case against a defendant is extremely weak, does the prosecutor’s persistent misconduct during trial by making improper insinuations and assertions which prejudiced the cause of the accused, falsely creating the appearance to the jury that the prosecution’s case was strong including assertions of items of evidence which did not exist, deny a defendant due process of law and require a new trial pursuant to Berger v. United States, 295 U.S. 78 (1935)? II. Where Petitioner was charged with conspiracy to possess with intent to distribute one kilogram of heroin, but was convicted of conspiracy to possess less than 100 grams of heroin, such a verdict was an acquittal of attribution to Petitioner of more than 100 grams of heroin. Therefore, computation of Petitioner’s sentence by attribution of more than 100 grams of heroin denied Petitioner’s right to the presumption of innocence per Nelson v. Colorado, ___—_—aU«.S.___, 187 S. Ct. 1249, 197 L. Ed. 2d 611 (2017). ii