Issue 1.
In the case at bar the sentencing judge refused to a apply a higher
standard than a mere preponderance when the issue was, based
on a drug quantity estimate, whether the appropriate sentencing
guidelines range was 37 to 46 months, as opposed to 210 to 262
months. Under these circumstances, was a higher degree of
protection required by the due process clause?

Issue 2.
Under United States v. Walton , 908 F.2d 1289, 1302 (6th Cir.
1990 , for a judge to adopt a conservative estimate of drug quantity
when calcula ting the federal sentencing guidelines range , "is …
constitutionally required to prevent excessive sentences. " The 1st,
9th and 10th Circuits also recognize and apply the "Walton rule. "
The 8th Circuit once recognized and applied the rule but has not
for several decades . The need estimate drug quantity is a common
occurrence in federal sentencing proceedings and so this Court's
guidance on when the failure to use conservative estimates
violates a defendant's right to be sentenced based on accurate
information would be very helpful to the bench and bar .

Whether a higher degree of protection is required by the due process clause when the sentencing judge uses a mere preponderance standard to determine a higher sentencing guidelines range based on a drug quantity estimate