Whether Rule 12(d) of the Federal Rules of Criminal Procedure mandates essential findings by district courts and requires appellate remand when findings are not made

QUESTIONS PRESENTED A. Whether a Federal Rule of Criminal Procedure Rule 12(d) requirement that a district court deciding a motion must state its essential findings is mandatory and cannot be waived by a defendant’s failure to affirmatively request findings, so a court of appeals must remand when a district court fails to comply with the requirement. B. — Assuming arguendo that remand is not always required, whether it is required when the government argues two legal theories that depend on different facts and the district court did not indicate which legal theory it relied on. i