whether-an-unlawful-application-of-an-enhancement-pursuant-to-title-21-u.s.c.-851-amounts-to-a-fundamental-misscarriage-of-justice

QUESTION PRESENTED; 1. WHETHER AN UNLAWFUL APPLICATION OF AN ENHANCEMENT PURSUANT TO TITLE 21 U.S.C. 851 AMOUNT’s TO A FUNDAMENTAL MISSCARRIAGE OF JUSTICE. WHEREAS THE PETITIONER SUFFERS FROM A SUBSTANTIAL LOSS OF LIBERTY IN VIOLATION OF THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION. 2.WHETHER THE LOWER COURTS MISAPPLIED THE CRITERIA PURSUANT TO THE APPLICATION OF 28 U.S.C. 2241, WHICH OPENS THE GATEWAY TO RELIEF BY CORRECTING THE DEFECT IN APPLYING AN ENHANCEMENT WHICH DID NOT-QUALIFY FOR PURPOSE OF 21 U.S.C. 851.