Does the Ninth Circuit's rule permitting it to decline to address a defendant's Sixth Amendment challenge (arising from the district court's denial of counsel) by substituting a different issue—a motion for a continuance that the defendant never made in the district court and didn't present on appeal—transgress the party presentation principle, as most recently set forth last term in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020)?

QUESTION PRESENTED Does the Ninth Circuit’s rule permitting it to decline to address a defendant’s Sixth Amendment challenge (arising from the district court’s denial of counsel) by substituting a different issue—a motion for a continuance that the defendant never made in the district court and didn’t present on appeal—transgress the party presentation principle, as most recently set forth last term in United States v. Sineneng-Smith, 140 S. Ct. 1575 (2020)? i