(1) Did the Fifth Circuit clearly violate the party presentation principle by affirming Petitioner's judgment based on a hypothetical finding of fact that the government (a) conceded in district court was unsupported by the record, and (b) never urged on appeal?

(2) Did the Fifth Circuit clearly violate this Court's precedent by affirming Petitioner's judgment based on its own independent fact finding, particularly considering (a) the government affirmatively waived the argument in district court, and (b) the district court considered and declined to adopt the Fifth Circuit's alternative ground?

Whether the Fifth Circuit violated the party presentation principle and this Court's precedent by affirming a judgment based on independent fact-finding and a hypothetical finding of fact that the government conceded was unsupported by the record and never urged on appeal