No. 18-9427

Willie Anthony Saxby, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2019-05-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release
Key Terms:
FourthAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Federal Government violate the 'Doctrines of Dual Sovergeinship' which exist between Federal and State jurisdictions for prosecuting an 'allegedly Pending' state criminal prosecution where the defendant has never been formally charged; arrested; arranged or provided 'Fair.Notice of alleged prosecution?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1.) Did the Federal Government violate the "Doctrines of Dual Sovergeinship" which exist between Federal and State jurisdictions for prosecuting an "allegedly Pending" state criminal prosecution where the defendant has never been formally charged; arrested; arranged or provided "Fair.Notice of alleged prosecution? : 2.) Did the Government violate the Petitioners' Constitutional rights by proceeding with (SVR) Supervised release Violation proceedings against Petitioner for uncharged "alleged" new criminal conduct forming the basis of violation? 3.) Did the Government violate the Petitioners! rights by arresting _ him 26 days prior to indictment for uncharged criminal conduct falling under sovergein state juristion where tthe: Petitioner has never been formally charged for specified conduct? 4.) Did the Federal Magistrate violate the Petitioners’ rights by accepting testimony on behalf of adverse witness who failed to show when adverse witness was reported original affiant making claims against Petitioner of alleged new criminal conduct that was unsubstantiated by any formal warrants? i . 5.) Can a Supervised Release Violation for "Drug Testing" failure and "Excessive Use" of alcohol stand where there are no required "submitted urine tests" according to 18 U.S.C §3653 (e) standards and no "Established" alcohol testing protocols or testing policy to substantiate claims of "Excessiv Use"? 6.) Did the Petitioners' rights afforded under the constitution by not affording the petitioner a detention hearing on a new criminal indictment?: 7.) Did the United States District commit a Structural Error in failing to provide Petitioner formal hearings on any of his Pro-Se filed Motions allegeing Constitutional Violations, Ineffective Assistance; Lack of Jurisdiction and Government Misconduct until before conclusion of Sentencing without causing Government to respond at anytime? 8.)Did the U.S. Attorney's Office violate Petitioners' rights by withholding the Factual Basis of the Prosecution to facilitate the signing of Plea Agreement before providing Petitioner a copy ; at change of Plea Hearing? 9.) Did District Court abuse it's discretion by departing upward 6 levels via varient sentence against 18 U.S.C § 3553 considerations where ther are no mitigating factors; egregious offences and improper consideration of Petitioners' expired terms of imprisonment in sentence determination. to establish 95% sentence ?° ~ ii \\

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States to respond filed.
2019-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2019)
2019-03-13
Application (18A919) granted by The Chief Justice extending the time to file until May 26, 2019.
2019-02-28
Application (18A919) to extend the time to file a petition for a writ of certiorari from March 27, 2019 to May 26, 2019, submitted to The Chief Justice.

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
William Anthony Saxby
Willie Saxby — Petitioner