Whether the Appellant is deprived of Due Process

QUESTIONS PRESENTED 1. Whether the Appellant is deprived of Due Process and where the district court applies a sophisticated means enhancement based upon reasonings not articulated in the Sentencing Guidelines and where there is a circuit split as to the interpretation and application of the sentencing guidelines as it pertains to the definition of sophisticated means. 2. Whether the Appellant was deprived of Due Process and Fundamental fairness where the district court applies an upwatd variance, making the setence: substantively unreasonable, without articulating !"fact-specific" reasons for the departure. G Li