Was the indictment defective?

QUESTION(S) PRESENTED . No:1) Was the Court of Appeals wrong for failing to dismiss the defective indictment that created a split in circuits where the the Fifth and Ninth circuits both agreed that an indictment that charges a defendant with aiding and abetting . venture designed to smuggle aliens must identify a co-con Spirator whom the defendant aided and abetted in the indictment? No:2) Does the Court of Appeals violate: the defendants right to Due Processand the Sixth Amendment rights to effective : assistance of counsel by leaving a timely filed motion to discharge counsel unresolved, prior to affirming the défendants conviction? No:3) Does the Court of Appeals violate the defendants rights to . Due Process by leaving a claim unresolved that was raised : for the first time and timely filed in a Petition for ReHearing and Re-Hearing Enbanc under Fed. Rules. Crim. P. 12 (b) (3) (B) which permits a Court to hear a claim at anytime while the case is pending to hear a claim that the indictment or information fails to envoke the Courts Jurisdiction? No:4) Does the Clerk of the Courts of Appeals violate the defendant rights to Due Process (after) the Court has granted the : defendant the right to proceed pro-se by failing to accept a timely filed motion that the court lacked jurisdiction where the Eleventh Circuit has made it clear that a motion for lack of jurisdiction is timely filed once the mandate has not been issued? . No:5) Does it violate the Supreme Courts Holdings in Blackledge v. Perry, Menna v.New York and United States v. Broce by allowing a conviction to standon double jeopardy grounds and by failing to consider facts raised by the defendant in his initial brief that he has been already charged with the same crime in an earlier indictment that charged identical : crimes? No:6) Does the Court of Appeals violates the Supreme Court Holdi: ings in Aprendi v. New Jersey and United States v. Davis by by concluding that the 404 (B) evidence used to enhance the defendants sentence (12 levels in total) was a prior conviction when the record of any facts that the 404(B) case used was infact a prior conviction? No:7) Can the Court under Fed. Rules. Crim. P. 52(b) exercise it's discression as it did in Silber v. United States to correct a plain error where the defendant was taken to trial, con: victed and sentenced on a criminal indictment that the Court did not have jurisdiction to convict in the first place, in a case where the defendant's conduct did not violate the charging statute? (:3)4