Whether the Second Circuit's Summary Order in Futia v. United States conflicts with Borough of Duryea v. Guarnieri and presents an unsettled federal constitutional question

QUESTIONS PRESENTED Does the Summary Order of the United States Court of Appeals for the Second Circuit, in Anthony Futia, Jr. v. United States of America, No. 23-860, entered May 14, 2024, conflict with this Court’s decision in Borough of Duryea v Guarnieri, 564 U.S. 379 (2011)? Does the Summary Order of the United States Court of Appeals for the Second Circuit, in Anthony Futia, Jr. v. United States of America, No. 23-860, entered May 14, 2024, decide a federal constitution question that has not been, but should be settled by this Court?