Bryan Binkholder v. United States
DueProcess
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
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. :