Whether the Ninth Circuit Court of Appeals erred in refusing to provide counsel to a criminal appellant for the purpose of responding to the prosecution's response brief and assisting in filing a Rule 33 new trial motion based on newly discovered evidence of a Fifth Amendment due process violation

QUESTION(S) PRESENTED On federal criminal appellants First appeal as of right to counsel , may the Ninth Cireuit Court of Appedls refuse to provide counsel to both . feplu to the prosecutions fesponse tv the brief and +o assist in filing a Rule 33 new trial motion fo the District Court for indicative relief under Rule 37 based on newly discovered evidence pertaining, ton Fifth Amendment dye process violation that cannot be presented direct, te the Court oF Appeals, get, the appellant is required to mise the Constitutional violation before the end of the direct appeal 2 ; Is not the filing of a constitutional violation for redress considered a . critical Stage that requires the assistance of Counsel , ceaathless of the fecipient court , on criminal appellants first appeal ¢