Merlin Alston v. United States
DueProcess Securities
Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c) by 18 U.S.C. 926(b)?
QUESTIONS PRESENTED 1. Is the conviction of a local police officer, required to carry a service pistol when off duty, excluded from prosecution for violating 18 U.S.C. 924(c) by 18 U.S.C. 926(b)? 2. Is a conviction for violating 18 U.S.C. 924(c) improper where the firearm is never publicly displayed, and the encounter involves a social dispute? 3. Did the Government’s (a) failure to sua sponte correct cooperator perjury on direct examination and (b) withhold proof that he violated his cooperation agreement by committing new crimes while at a Department of Justice detention facility deny Petitioner due process of law? 4. Did the Sentencing Court deny Petitioner due process of law by applying a Pre-Sentence Report (P.S.R.) which failed to apply Sentencing Guideline Amendment 794 addressing downward role adjustments, and applied enhancements for both “abuse of trust,” and “obstruction of justice,” even though Petitioner did not occupy a fiduciary position? i