Donovan G. Davis, Jr. v. United States
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Question not identified
QUESTIONS PRESENTED Question One The Constitution guarantees the assistance and choice of counsel for a critical-stage in a criminal proceeding. Ancient statute guarantees every individual the right to The uncertain nature of a federal new-trial motion filed during the pendency of a direct appeal caused the Eleventh Circuit Court of Appeals to deny Donovan Davis, Jr. both rights. Is a new trial motion filed during the pendency of a direct appeal a critical stage in the criminal proceeding or a separate collateral proceeding? ; Question Two : An abbreviated, incomplete, or incorrect sentencing process impugns the public reputation and the integrity of the administration of justice. Rosales— Mireles v. United States, 138 S. Ct. 1987 (2018); Molina~Martinez v. United : States, 136 S. Ct. 1338 (2016). The court of appeals recognized, but nonetheless affirmed the district court's truncated and summary sentencing procedure, which did not permit adversarial testing or apply the Guidelines's framework for ‘ determining relevant conduct. In the absence of a mandatory minimum sentence, does failure to apply the Sentencing Guidelines methodology constitute procedural error that requires vacatur and remand? i