Whether it was a violation to the Fifth, Sixth and Eighth Amendment of the U.S. Constitution, the sentencing factors enshrined in 18 U.S.C. 3553 (a) and written Plea Agreement to upward depart for a total of thirty-two (36) months, for a total of one hundred and eight (108) months of incarceration.

Whether the sentencing factors under 18 U.S.C. 3553(a) and the plea agreement were violated in imposing a 108-month sentence that upwardly departed from sentencing guidelines