No. 18-6604

Joseph Jenkins v. United States

Lower Court: Second Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights court-reporters-act court-transcript due-process judicial-misconduct perjury perjury-by-exclusion qualified-retirement retirement-savings sentencing sentencing-discretion
Key Terms:
Arbitration ERISA DueProcess
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED I Can "catchall phrases" form a basis for a ‘perjury by exclusion’ indictment and conviction in the absence of precise questioning, open court transcripts under duress and extenuating circumstances; Is ‘perjury by exclusion’ an actual offense?(When the information sought remains ‘unknown’ to date?) II Is due process violated when a district court fails to comply with the Court Reporters Act. (losing exact’ portion of transcript in open court); Allows the . : ‘presiding magistrate judge and other government employees to provide alternate facts and supplemental evidence to a jury in it's place; Thus concocting a "perjury" charge and obtaining a-conviction, by 'perjury trap’? * uo III Would an unexplained, non-mandatory consecutive sentence added to a sentence determined to. be (substantively unkedsonable). "shockingly high," "excessive," ; "far overboard" where the appellate court judges actually stated "it was not possible to understand why ‘the seritence was ‘iiposed;" Automatically .render the sentence substantively unreasonable and needlessly harsh? IV Does a district courts cofsideration*of qualified réetirment savings ‘for’. immediate use in paying attorneys, fines, restitution, among other things place unfair hardship(s) on a defendant; When the defendant is not eligible to withdraw the funds (under 65) subject to fines, penalties, taxes and fees ranging from 30% to 50% or more under certain conditions; Can it be. mandated? 4g . ios f ve “

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent United States to respond filed.
2018-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

Joseph Jenkins
Joseph Vincent Jenkins — Petitioner
Joseph Vincent Jenkins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent