Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice?

QUESTIONS PRESENTED 1. Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice? 2. What is the government’s burden of persuasion in showing that an error in applying the Ex Post Facto Clause to an amendment in the Federal Sentencing Guidelines? 3. Whether the courts of appeals should ordinarily accept statements by the district court seeking to insulate a Guideline error from appellate review by claiming that the sentence would be the same irrespective of the Guidelines? 4. Whether this Court should grant certiorari in an appropriate case to decide whether the defendant bears a burden of production to dispute factual claims in the Presentence Report, and whether it should hold the instant Petition in light of any forthcoming authority addressing the issue? i