Whether a cross reference which has a disproportionate effect on the sentence requires a higher standard of proof than mere preponderance

QUESTIONS PRESENTED : 1. Whether a cross reference which has.a disproportionate effect on the sentence requires a higher standard of proof that mere proponderence. — , 2. Whether lack of.evidence should be a pathway to conviction for a crime of a greater severity than one ‘to which evidence is presented. i a PARTIES The Petitioner, is Michael Lawrence Kerlin ("Mr. Kerlin") acting pro se, _ is a prisoner at the Federal. Correctional Facility of Fort Dix located in Joint : Base/MDL, NJ. The Respondent is the United States of America. oS