Whether the Sixth Amendment's Confrontation Clause requires a reviewing court to apply a strict harmless error standard when evaluating the admission of potentially testimonial evidence that may have violated a defendant's constitutional right to confront accusatory witnesses

No question identified. : constitutional and evidentiary issues on appeal to the Ninth Circuit Court of Appeals in Case No. 24-5722. 4. Of note, was the issue Guevara raised with reference to evidence she said was admitted in violation of her right to confrontation as guaranteed by the Sixth Amendment’s Confrontation Clause. 5. In its memorandum decision, a panel of the Ninth Circuit Court of Appeals applied a harmless error standard to the admission of all evidence which may have been erroneously admitted but did not specifically apply the strict standard that applies to evidence admitted in violation of the Confrontation Clause. This standard requires the Government to prove there is no reasonable probability that the tainted evidence contributed to the conviction. 6. Undersigned counsel is appointed to represent Petitioner under the Criminal Justice Act, 18 U.S.C. § 3006A(b) and (c). Counsel’s competing work obligations as a panel member limit her ability to devote adequate time to Petitioner’s petition for writ of certiorari between today and February 4, 2026. In addition to other panel duties, counsel has an amended petition due in a 18 U.SC. § 2255 case due on January 30, 2026, and is preparing for depositions scheduled for February 13, 2026, in another. 7. Undersigned counsel has contacted AUSA Tim Tatarka who represented the United States on appeal and is authorized to state the government has no objection to this motion. 8. This motion is made in the interest of justice and not meant to delay the proceedings. WHEREFORE, Petitioner respectfully requests that an order be entered extending the time to file a petition for a writ of certiorari to and including April 5, 2026. Respectfully Submitted N.G. Schwartz Law, PLLC /s/ Nancy G. Schwartz Nancy G. Schwartz Counsel of Record for Ms. Guevara P.O. Box 36 Huntley, MT 59037 (406) 670-2915 Montana Bar No. #4154