Whether a Judge Abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to deceive the district court and thereby become a militating factor, rather than a mitigating factor per 18 USC § 3553(a) which is then used to justify an upward departure from the applicable guidelines range; and whether this circumstance violates a defendant's substantive rights

QUESTION(S) PRESENTED . 1) Whether a Judge Abuses his/her discretion when there is a determination : that post-sentencing rehabilitative efforts are evidence of an attempt to deceive the district.:court and thereby become a militating factor, rather than a mitigating factor per 18 USC § 3553(a) which is then used to justify an upward departure from the applicable guidelines range; and _ whether this circumstance violates a defendant's substantive rights. 2) Whether a prosecutor commits a Breach of the Plea Agreement by remaining silent when the district court upwardly departs from the sentencing range + that the Government has bound itself to recommend in the Plea Agreement; | . or whether the Government has a duty to object to the upward departure in such a circumstance. : 3) Whether the US Postal service delays have now rendered Federal Prisoner's lack of access. to Electronic Filing of Court documents and/or the Internet (for such) Unconstitutional for Lack of Access to the Courts.