Whether Constitutional Due Process requires that Irizarry-v-United-States be extended to Upward-Variances

QUESTIONS PRESENTED 1. Whether Constitutional Due Process requires that Irizarry v. United States, 553 U.S. 708 (2008) that limited the Notice requirement in Fed.R.Crim.P. 32(h) to Upward Departures be extended to Upward Variances. 2. Whether Procedural and Substantive Due Process were violated when a Sentencing Court applied a factor listed in 18 U.S.C. Section 3553(a) to Enhance a Sentence in Violation of an Express Guideline Provision and Apprendi v. New Jersey, 530 U.S. 466 (2000) and that Rendered the Sentence Substantively Unreasonable. CERTIFICATE OF SERVICE Lo il MOTION TO PROCEED INFORMA PAUPERIS . . .. . ili