Whether the Fifth Circuit's practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant's Due Process rights as well his Sixth Amendment right to confrontation?

QUESTIONS PRESENTED 1. Whether the Fifth Circuit’s practice of shifting the burden of production and proof to the defendant at sentencing violates a defendant’s Due Process rights as well his Sixth Amendment right to confrontation? 2. Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? ii