Whether the Fifth Circuit misconstrues Texas criminal law by equating an arrest without indictment as a formal charge for a felony

QUESTIONS PRESENTED 1. Whether the Fifth Circuit misconstrues Texas criminal law by equating an arrest without indictment as a formal charge for a felony regardless that this Court recognizes the differences between (1) a formal charge and (2) restraints imposed by arrest and holding to answer a criminal charge. See United States v. Marion, 404 U.S. 307, 320-321, 92 8. Ct. 455, 463, 30 L. Ed. 2d 468 (1971). 2. Whether the United States Congress intended for Paycheck Protection Program! loan eligibility to be determined based upon the location of the business, as the Fifth Circuit Court of Appeals and the Seventh Circuit Court of Appeals apply different standards? 1 Coronavirus Aid, Relief, and Economic Security Act (2020) (CARES Act”).