No. 18-9043

Bryan Binkholder v. United States

Lower Court: Eighth Circuit
Docketed: 2019-04-30
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: 5th-amendment criminal-procedure criminal-procedure-rights due-process plea-bargaining sentencing victim-rights victims-rights writ-of-mandamus
Key Terms:
DueProcess
Latest Conference: 2019-11-01 (distributed 2 times)
Question Presented (AI Summary)

Did the Crime Victims Rights Act, 18 USC 3771 (CVRA), and its 72 hour review requirement for a petition of Writ of Mandamus violate the Constitutionally protected 5th & 6th Amendment Rights of the defendant

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. Did the Crime Victims Rights Act, 18 USC 3771 (CVRA), and its 72 hour review requirement for a petition of Writ of Mandamus violate the Constitutionally ; protected 5th & 6th Amendment Rights of the defendant when; , A.) The defendant was not afforded the opportunity to challenge and confront , claims of victimization in the writ which subsequently altered a finalized : plea agreement and increased the defendant's Guideline Sentencing Range ~ : by nearly two years, 7 ; . B.) Provided no means by which the defendant could challenge and overturn the , os CVRA Mandate; even .as’ the claims of victimization were documentéd from the oO oS ses. Record to be misrepresentations while becoming thé focal point of all ee future court decisions. . . . ; 2. In granting a Petition for Writ of Mandamus under 18 USC 3771 CVRA, did the 8th Circuit Court violate the Jurisdictional time requirements of 18 USC 3771(d)(5) .and subsequent ly violate the Defendant's Due Process : Rights? . a 3. Did the 8th Circuit err when an individual, granted Immunity From , Prosecution in exchange for cooperation, was afforded the same rights : under the CVRA 18 USC 3771 and the Mandatory Victims’ Restitution Act * 18 USC 3663 as other victims; or should the Court have interpreted the Immunity Agreement as a form of Co-Conspirator, Un-Indicted Co-Conspirator or Deferred Prosecution Agreement which would negate restitution and CVRA rights under 18 USC 3771(d)(1)(a)? ; ‘ , } LIST OF ‘PARTIES . All parties appear in the caption of the case on the cover page. :

Docket Entries

2019-11-04
Petition DENIED.
2019-10-17
DISTRIBUTED for Conference of 11/1/2019.
2019-10-04
Reply of petitioner Bryan Binkholder filed.
2019-09-27
Brief of respondent United States in opposition filed.
2019-08-28
Motion to extend the time to file a response is granted and the time is further extended to and including September 27, 2019.
2019-08-27
Motion to extend the time to file a response from August 28, 2019 to September 27, 2019, submitted to The Clerk.
2019-07-19
Motion to extend the time to file a response from July 29, 2019 to August 28, 2019, submitted to The Clerk.
2019-07-19
Motion to extend the time to file a response is granted and the time is further extended to and including August 28, 2019.
2019-06-19
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2019.
2019-06-18
Motion to extend the time to file a response from June 27, 2019 to July 29, 2019, submitted to The Clerk.
2019-05-28
Response Requested. (Due June 27, 2019)
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-10
Waiver of right of respondent United States to respond filed.
2019-04-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 30, 2019)

Attorneys

Bryan Binkholder
Bryan Binkholder — Petitioner
Bryan Binkholder — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent