Whether an unrecorded conference in chambers is a 'hearing or trial,' or 'proceeding,' under Federal Rule of Appellate Procedure 10(c)

QUESTIONS PRESENTED FOR REVIEW 1. Whether an unrecorded conference in chambers is a “hearing or trial,” or “proceeding,” under Federal Rule of Appellate Procedure 10(c) such that a statement of the conference can be prepared and complete the record on appeal.! 2. Whether the Fifth and Eighth Amendments’ requirement of individualized sentencing prohibits the government from arguing that a capital defendant is a future danger, and therefore should be executed, based, in substantial part, on rebuttal testimony and evidence about violent acts by other inmates and negligent conduct by prison officials with no connection to the defendant’s case. 3. Whether the district court had to answer the deliberating capital jury’s note asking, “what is the process if we are not unanimous with our verdict?” and to respond in the defendant’s presence. 1 The petition for writ of certiorari in Savage v. United States, No. 20-1389, raises a related question about Federal Rule of Appellate Procedure 10: “Whether the Third Circuit properly held—in conflict with decades of federal practice endorsing flexible procedures to assemble a complete record on appeal—that an appellant seeking a complete appellate record must overcome procedural impediments lacking any basis in Rule 10’s text.” No. _ In the Supreme Court of the United States RICKY ALLEN FACKRELL, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Ricky Allen Fackrell asks that a writ of certiorari issue to review the opinion and judgment entered on March 12, 2021, by the United States Court of Appeals for the Fifth Circuit.