No. 18-8373

Jose J. Galiany-Cruz v. United States

Lower Court: First Circuit
Docketed: 2019-03-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: court-officer-fraud criminal-conviction fraud fraud-by-officer-of-court hazel-atlas hazel-atlas-motion officer-of-the-court puerto-rico-territory second-or-successive-2255-petition second-or-successive-petition statutory-interpretation subject-matter-jurisdiction
Key Terms:
FifthAmendment HabeasCorpus
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Could a Hazel-Atlas motion be used to attack a criminal conviction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW ” I. COULD A HAZEL-ATLAS MOTION BE USE TO ATTACK A . CRIMINAL CONVICTION? MOTION UNDER HAZEL-ATLAS IS IT OR IS IT NOT A SECOND OR SUCCESSIVE §2255 PETITION? DOES HAZEL-ATLAS PROVIDE THE COURT WITH JURISDICTION TO CONSIDER THE MOTION WHEN A FRAUD IS COMMITTED BY AN OFFICER OF THE COURT AND RAISES A QUESTION OF STATUTORY INTERPRETATION? SUBJECT MATTER JURISDICTION MAY BE RAISED AT ANY TIME? ; , II. DID CONGRESS INTENDED FOR PUERTO RICO TO BE : CONSIDERED A TERRITORY FOR PURPOSE OF SECTION 1 an’ i IF SO, WHERE DOES FEDERAL CRIMINAL JURISDICTION » cn BEGIN AND END? . : . III. HAS SANCHEZ-VALLE DECISION MANIFEST ERRORS OF LAW AND FACT UNDER COMMONWEALTH OF PUERTO RICO AND | UNITED STATES LAW? DOES SANCHEZ-VALLE ; APPLY RETROACTIVELY? : ii . aa

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent United States to respond filed.
2018-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)

Attorneys

Jose J. Galiany-Cruz
Jose J. Galiany-Cruz — Petitioner
Jose J. Galiany-Cruz — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent