Eric V. Bartoli v. United States
SocialSecurity Securities Immigration
Did the 6th Circuit Court of Appeals go against Supreme Court precedent, its own stare decisis, and create a circuit split by failing to recall its mandate, vacate the underlying sentence, and remand the case to a new District Court judge
Question Presented Toa 1) Did the 6th Circuit Court of Appeals go against Supreme Court : precedent (Peugh v. U.S., 569 US 530; Class v. U-S-, 2018 LEXIS 1378; Calderon v. Thompson, ‘523 US’ 538; and Rosales-Mireles v. : U.S., 2018 BL 214344), its own stare decisis (U.S. v. Beurayas— ; Nunez, 91 F.3d 826, 830 (6th Cir. 1996)), and in the process create a circuit split by failing to recall its mandate, vacate : the underlying sentence, and remand the case in question to a new District Court judge given: . : (i) The District Court judge in the underlying case was : . ; directed by the 6th Circuit's Special Investigative Committee (SIC) on February 22, 2016 to divest himself of all current : cases pending, and that same judge held four hearings and the . Petitioner's Sentencing proceedings subsequent to that date, Ss and: (ii) Appellate Counsel admitted to the 6th Circuit Court of : Appeals that-theyand District Counsel, separate from Appellate Counsel, were ineffective for failing to recognize that the : same District judge gave the Petitioner an illegal sentence in . . violation of the ex post facto Clause of the US Constitution. ©