Whether error under Rehaif v. United States constitutes plain error

QUESTIONS PRESENTED I. Whether this Court should grant review to resolve a split between the circuits courts’ determination of whether error under Rehaif v. United States, 139 S. Ct. 2191 (2019), constitutes plain error. II. Whether this Court should grant certiorari to determine whether 18 U.S.C. § 924(a) is unconstitutional by exceeding the scope of the commerce clause and whether the statute requires knowledge of the interstate commerce element? III. Whether all facts—including the fact of a prior conviction—that increase a defendant’s statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt? IV. Whether the definition of “delivery” in the Texas controlled substances statute, which includes an offer to sell includes conduct that does not qualify as a “serious drug offense”? ii