Whether the right to insist on a speedy trial is a choice that falls within the category of a criminal defendant's right to make his own choices about the proper way to protect his own liberty

QUESTIONS PRESENTED 1. In McCoy v. Louisiana, 138 S.Ct. 1500, 1511, 200 L.Ed. 821 (2018) the court held that the Sixth Amendment guarantees a criminal defendant the right to personally decide what the objectives of his defense are, that is, “to make his own choices about the proper way to protect his own liberty.” In McCoy the choice was whether to insist that counsel not concede guilt. The first question is whether the right to insist on a speedy trial is a choice that falls within the category. 2. The district court enhanced petitioner’s sentence pursuant to § 3.C1.2 of the Sentencing Guidelines, for creating a substantial risk of death or serious bodily injury by driving recklessly “in the course of fleeing from a law enforcement officer.” The second question is whether it is error to impose this enhancement when a defendant is not aware anyone is pursuing him, particularly when every other circuit to consider the question has concluded that under those circumstances the enhancement cannot be imposed. i