Whether a federal court of appeals may apply the exigent-circumstances exception to the exclusionary rule in the first instance on appeal or, instead, whether the appellate court should remand to the district court to decide whether the factually-based exception applies.

Whether, under 28 U.S.C. § 2106, a federal court of appeals on direct appeal in a criminal case should remand to the district court to con-sider resentencing the defendant based on a retroactive amendment to the federal sentencing guidelines that lowers the de fendant's sentencing range and that went into effect during the appellate process.

Whether a federal court of appeals may apply the exclusionary rule exception in the first instance on appeal and whether a federal court of appeals should remand for resentencing under a retroactive sentencing guidelines amendment