No. 19-6049

Lawrence T. Tyler v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment
Key Terms:
HabeasCorpus Immigration Privacy JusticiabilityDoctri
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether a Certificate-Of-Appealability should be granted

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Whether a should be granted for the following Claims/Issues : 1, Whether fact of an Actual Loss Amount, which sets the maximum pecuniary criminal sentence for . which there is no prescribed statutory range, is a fact that must be found beyond a reasonable doubt. 2, Whether Judicial fact-finding, by a preponderance of the evidence, which carries Collateral consequences such as deportation, and increases the pecuniary criminal sentence for which there is no prescribe statutory range, impedes the Six Amendment's Jury trial guarantees, conflicts with the 6" Circuit's and relevant decision of this Supreme Court. 3, Whether my conviction should be vacated due to the fact that I was convicted with tinted evidence obtained unlawfully from my unabandon office, by the government, admittedly without a thus conflicting with the relevant decision of this Supreme Court and the IV Amendment. 4, Whether Counsels were ineffective for ignoring my explicit instructions to investigate and raise my much more substantive and meritorious issues without any legitimate strategic purpose. If so, does this establish sufficient cause and prejudice to overcome all procedure bar, for not raising said issues at trial, and on direct appeal. . 5, Whether the disposition of my issues should be converted from a habeas to a Writ-Of-CaromNobis due to the fact that my habeas litigation outlived my sentence, and there are still ongoing pecuniary and collateral consequences such as deportation being inflicted on me, by the conviction and judgment, after sentence is complete, terminate and or expires. . i PARTIES TO PROCEEDING: . All parties do not appear in the case caption of the cover page. A list of all

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent United States to respond filed.
2019-09-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2019)

Attorneys

Lawrence T. Tyler
Lawrence T. Tyler — Petitioner
Lawrence T. Tyler — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent