Whether the district court's failure to disclose gun statistics from unknown sources of questionable validity to justify an unprecedented 30-month upward variance from the calculated Guidelines range which ultimately doubled petitioner's sentence is a violation of the Due Process clause under the Fifth Amendment and is contrary to this Court's decision in Burns v. United States, 501 U.S. 129 (2008)?

QUESTION PRESENTED Whether the district court’s failure to disclose gun statistics from unknown sources of questionable validity to justify an unprecedented 30-month upward variance from the calculated Guidelines range which ultimately doubled petitioner’s sentence is a violation of the Due Process clause under the Fifth Amendment and is contrary to this Court’s decision in Burns v. United States, 501 U.S. 129 (2008)? -ii