Whether the defendant's conviction and sentence can be upheld under the definition of 'crime of violence'

QUESTIONS PRESENTED I. Whether the Defendent, Mr. Apodaca, can prove that his conviction and sentence can not be upheld' under the definition of “crime ef violence" for count five of the indictment of 18 U.S.C. § 924 (c) (1) (A), (B) (4i). . : II. Whether the Government's actions in this case violated the princip= .-: les of Federalism under the "Commerce Clause" of the tenth Amendment — (U.S. Const. Art. I, § 8, cl. 3), and violated the"Due Process Clause" of the Fifth Amendment (U.S.C.A. Const. Amend. 5) of the United States . Constitution. By driving Mr. Apodaca across State Lines to improperly : manufacture Federal Jurisdiction so that the Government may Prosecute Mr. Apodaca in counts two through six of the indictment.