FifthAmendment HabeasCorpus
Does the Court of Appeals commit clear error when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constitution's Eighth Amendment and double jeopardy
QUESTIONS PRESENTED 1 Does the Court of Appeals commit clear error _ when declining to hear a defendant's claim of serving an unlawful sentence in violation of the Constitution's Eighth Amendment band on cruel and unusual punishment And double jeopardy in Contrast to the Supreme Court Ruling © : of Blockburger .v. United States, ? 11 Does a Rule 60 (b) motion give jurisdiction to a lower court when no other remedy is available or has been denied 4 -even though a claim of Actual Innocence was asserted under "Extarodinary,/ Circumstances" : 111 Is an Appeal waiver enfoceable to seek releif of an Illegal Sentence imposed by the district court or Knowingly Intelligently waived to move . the lower court of appeals for relief? . iv . Is a defendant's right violated by double jeopardy if the government charges a violation 21 U.S.C. §841 and §860"same conduct"relating to -——--a single offense within 1,000 feet of a school or includes “Duplicity"? . ii