Whether the Fifth Circuit Court of Appeals erred in rejecting Barrera's claim that the District Court's sentence violated constitutional principles of due-process, equal-protection

QUESTIONS PRESENTED Whether the Fifth Circuit Court of Appeals erred in rejecting Barrera's claim that the District Court's sentence violated constitutional principles of due process and equal protection in selectively applying U.S.S.G. § 2L1.2 cmt. (n.2) to impose a ten-level enhancement in sentencing Barrera because Barrera was previously sentenced to 5 years even though he was released on parole less that one year, specifically after 337 calendar days, in contrast to imposing a four level enhancement that Barrera would have received if he had been given a probated 5 year sentence? il