Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revocation case premised on a Texas state narcotics violation implicates and violates due process

QUESTION PRESENTED FOR REVIEW Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revocation case premised on a Texas state narcotics violation implicates and violates due process as articulated in Black v.Romano, 471 U.S. 606 (1985). 1.