Amin A. Rashid v. United States
DueProcess HabeasCorpus
Whether Undisputed Evidence Suggesting That The Trial Judge Was Acting To Conceal A Criminal Act Committed By Prior Judges In The Case Which Act If Adjudicated Would Exonerate The Defendant Is The Kind Of Fundamental Defect In The Proceedings That Inherently Results In A Complete Miscarriage Of Justice Warranting At Least The Grant Of An Evidentiary Hearing Before A Neutral Judge?
QUESTION(S) PRESENTED 1. Whether Undisputed Evidence Suggesting That The Trial Judge | . Was Acting To Conceai A Criminal Act Committed By Prior Judges In : The Case Which Act If Adjudicated Would Exonerate The Defendant Is The Kind Of Fundamental Defect In The Proceedings That Inherently Results In A Complete Miscarriage Of Justice Warranting At Least The Grant Of An evidentiary Hearing Before A Neutral Judge? 2. Whether The Grand Jury's Failure To Charge In The Indictment Use Of The Postal Service Or United States Mail, In A Mail Fraud Case, And The Government's Failure To Prove Use Of The Postal . Service Or United States Mail, In The Same Mail Fraud Case, Is The : Kind Of Fundamental Defect In The Proceedings That Inherently Results ( In A Complete Miscarriage Of Justice Warranting Grant Of A Motion ‘ To Vacate, Set Aside, Or Correct Sentence? 3. Whether The Federal Prosecutor's Use Of Perjury And Subornation Of Perjury Material To The Government's Case Is The Kind Of Fundamentai Defect In The Proceedings That Inherently Results In A Complete : Miscarriage Of justice Warranting Grant Of A Motion to Vacate, Set Aside, Or Correct Sentence? 43 Whether The Failure To Grant A Petitioner An Evidentiary Hearing In A Section 2255 Proceeding Where There Are Issues Of Disputed Facts And The Files And Records Do not Conclusively Show That Petitioner Is . Entitled To No Relief Is The Kind Of Defect In The Proceedings That . ; Inherently Results In A Complete Miscarriage Of Justice Warrenting:The Issuance oF A Certificate Of Appealability? . . _