Whether the Petitioner's Sixth Amendment right to counsel was violated when the indictment was amended during a critical stage of the proceedings without the presence of counsel

QUESTION PRESENTED Petitioner was convicted and sentenced to 13 . Consecutive Life imprisonment after a jury trial. During the pretrial stage of the initial appearance, Petitioner was : indicted and arrested on a sealed indictment on August 17, 2011. Upon being arrested, Petitioner was processed by the FBI, the United States Marshals Service, and the Miramar Police Department. During processing which included being fingerprinted and photographed, Petitioner asked the arresting . agents and officers why he was being arrested. They all responded and said for multiple sex crimes against minors. ‘Petitioner was then transported to Miami-FDC were he asked again what the charges were against him. The FBI agent Regino E. Chavez advised him for multiple sex crimes against including child pornography, the sex trafficking of children, . and the enticement of minors. Petitioner was then escorted to” the United States Marshals holding cell to be interviewed by Pretrial Services Officer Maria Monge. She advised the same charges as The FBI, and the United States Marshals Service who were part of the arrest team. , . Petitioner was then taken before Magistrate Judge Ted E. Bandstra for his initial appearance. Judge Bandstra : announced that this is a sealed case, and he was going to now unseal the indictment. Petitioner had no counsel present, but . the AUSA was present, the Pretrial Services Officer was present, the Arresting FBI Agents were present, the arresting United States Marshals Service Agents were present, and the arresting Miramar Police Detectives were present at the initial appearance. After Judge Bandstra unsealed the i indictment, and began to read the indictment, he read the counts to the unsealed indictment as the sexual exploitation of minors, and the sex trafficking of children before being interrupted by AUSA Roy K Altman. The AUSA advised the Judge that their were no allegations of minors. The Judge and the AUSA exchanged documents while counsel was not present, and the Judge read one drug count pertaining to Petitioner and his . co-defendant. The purported indictment contained 22 counts, and it contained a forfeiture count as well. ‘ , Petitioner filed a appeal to the Eleventh Circuit in ‘ which his convictions were affirmed. Petitioner then filed a 28 U.S.C.S. 2255 in the District Court raising Cronic error during a critical stage because the indictment was amended while no counsel was present, the District Court failed to . fully apprise Petitioner of the nature and cause of the accusations against him, and the stage was a trial like confrontation. ; The District Court denied his 2255 and a Certificate of Appealability. Petitioner then Petitioned the Eleventh Oo Circuit Court of Appeals in October 5, 2018 for a (COA). During the time his (COA) was pending before the Court of Appeals. The Petitioner filed and Amended COA, and a Motion to : Expand the COA on November 14, 2018. Petitioner used the mail ; box rule. "Under the mailbox rule, a pro se prisoner's court flings is deemed filed on the date it is delivered to prison authorities for mailing". See Flanders v. United States 2017 U.S Dist. LEXIS 199852, n.1 (S.D.F1l 2017) (citing Williams v. McNeal, 557 F.3d 1287, 1290 n.2 (11th Cir. 2009). Petitioner filed his Amended COA, and his Motion to Expand the COA on November 14, 2018. On January 16, 2019 the original COA was denied by the Court, Petitioner was instructed he had 21 days . : to file for a reconsideration in which he did. . Prior to the denial of the Motion for Reconsideration, Petitioner received received both motions back from the United : States Postal Service advising him that they discovered the "Contents Loose at their facility", the Loose Contents were his Amended COA, and the Motion to Extend the COA. The U.S. Postal Service first mailed both motions to the Federal Prison Headquarters in Phoenix Arizona, who then mailed the Loose Contents back to me at the United States Penitentiary in Tucson, Arizon