DueProcess
whether-defendant-failed-to-preserve-argument-by-not-raising-it-at-sentencing-hearing
QUESTIONS PRESENTED Section 2D1.1(b)(5), U.S.S.G., provides for a 2-level enhancement where the offense involves the importation of methamphetamine. The questions presented are: 1. Where counsel raised an issue in written Objections to the Addendum to the Presentence Report filed with the district court, and never withdrew or waived the specific objection at the sentencing hearing, and continued to argue for an adjusted offense level, did the defendant fail to preserve his argument by not raising it expressly at the sentencing hearing, resulting in plain error review of the issue on appeal? 2. Does the application of the 2-level enhancement for possession of imported methamphetamine violate due process where the defendant courier had no knowledge of that importation and no mens rea or culpable mental state with respect to such possession?