No. 18-6034

In Re Gregory Wayne Burwell

Lower Court: N/A
Docketed: 2018-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction
Key Terms:
DueProcess FifthAmendment HabeasCorpus CriminalProcedure
Latest Conference: 2018-10-05
Question Presented (AI Summary)

Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case

Question Presented (OCR Extract)

QUESTION(S) PRESENTED _ 1. Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case entitled United States of America v. Gregory Burwell, Criminal No. (CR-03-203), when it convicted and sentence Burwell on a forged manufactered second superseding indictment ; that was not returned and issued by a sitting empanelled federal grand jury, in violation of Federal Rule of Criminal Procedure 6 and the Fifth ; Amendment . Il. Whether the District Court had subject matter jurisdiction to convict and sentence the Petitioner to 32 years for two non-existant federal firearm offenses that all the parties involve in Petitioner's case knew was not crimes under federal law. i. oe —

Docket Entries

2018-10-09
Petition DENIED. Justice Kagan and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-25
Waiver of right of respondent UNITED STATES to respond filed.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-05-08
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Gregory Wayne Burwell
Gregory W. Burwell — Petitioner
Gregory W. Burwell — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent