The Tenth Circuit's decision is in conflict with decisions from the
Ninth Circuit Court of Appeals. The Tenth Circuit affirmed the district
court's use of a preponderance of the evidence standard to find Mr.
Adams committed criminal acts that nearly doubled his advisory
sentencing guideline calculation and ultimately lead to a sentence at the
statutory maximum. The Tenth Circuit's decision sanctioning the use of
a preponderance of the evidence standard is contrary to decisions of the
Ninth Circuit Court of Appeals holding a clear and convincing evidence
standard applies when a sentencing factor has an extremely
disproportionate effect on the sentence relative to the offense of
conviction.

Does the Tenth Circuit's decision sanctioning a preponderance of
the evidence standard in this case violate Mr. Adams's Fifth Amendment
right to due process?

Whether the Tenth Circuit's decision sanctioning a preponderance of the evidence standard to find criminal acts that nearly doubled the advisory sentencing guideline calculation violates the defendant's Fifth Amendment right to due process