Whether the appellate court erred in affirming the petitioner's sentence based on a pattern-of-activity enhancement and a cross-reference enhancement

QUESTION(S) PRESENTED I. In the admitted absence of established circuit precedent, was it plain error for the appellate court to affirm Petitioner's 405-month sentence based on a five-level “...pattern of activity” enhancement pursuant to USSG § 4B1.5(b)(1) contrary to this Court’s holding in United States v. Wooden? Il. The agreed stipulation of facts presented at Petitioner’s bench trial did not establish “use of force or fear” in the course of the offense. Was it plain error for the appellate court to affirm a cross reference enhancement under USSG § 2A3.1 based solely on erroneous facts presented at sentencing from the PSR writer? il,