Whether 28 U.S.C. §46c and due process require en banc consideration of inter-panel conflict

Questions Presented 1. Whether the unresolved conflict between the Second Circuit panels in this case, and the conflict among the circuits on whether 28 U.S.C. §46c and due process require en banc consideration of inter-panel conflict, merits this Court’s resolution? 2. Whether due process and Rule 35 of the Federal Rules of Criminal Procedure require that a District Court, who finalizes a sentence only by post-hearing written memorandum, to entertain a post-memorandum motion and to correct a clearly erroneous sentence, based on racial, ethnic and religious bias? 1