Whether a court violates the Fifth and Fourteenth Amendments by using a petitioner's silence at sentencing as the sole definitive factor to deny relief, and whether a federal circuit court violates due process by failing to consider newly discovered evidence on appeal

(1) In light of Mitchell v. United States, 526 U.S. 314,119 S.Ct. 1307, 143 L. Ed. 2d 424 (1999) and Erlinger v. United States, 144 S.Ct. 1840 (2024), does a court violate the Fifth and Fourteenth Amendments to the United States Constitution when it holds a petitioner's silence at sentencing against him in determining underlying facts of an offense at a later date and uses that silence as the sole definitive factor to deny a petitioner relief? Questions (2) Does a federal circuit court violate a petitioner ’s right to due process of law under the Fourteenth Amendment to the United States Constitution by failing to consider newly discovered evidence obtained for the first time on appeal?