Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with decisions of this Court and creates a split in the Circuit Courts

QUESTION PRESENTED FOR REVIEW Whether the decision of the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) which affirmed the decision of the District Court conflicts with decisions of this Court and creates a split in the Circuit Courts on an important matter and thus the decision by the Fifth Circuit calls for an exercise of this Court’s supervisory powers such that a compelling reason is presented in support of discretionary review by this Honorable Court.