No. 19-612

Hassan Abpikar v. United States

Lower Court: Ninth Circuit
Docketed: 2019-11-13
Status: Denied
Type: Paid
Response Waived
Tags: circuit-court-conflict circuit-split conflict-with-other-circuits criminal-complaint criminal-procedure due-process original-indictment sentence-increase sentencing sentencing-enhancement speedy-trial-act statutory-interpretation superseding-indictment
Key Terms:
HabeasCorpus
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the 9th Circuit Court of Appeals Ruling on petitioner's claim to his Rights under the Speedy Trial Act is IN CONFLICT WITH OTHER CIRCUITS

Question Presented (OCR Extract)

QUESTION PRESENTED " 1. Whether the 9th Circuit Court of Appeals Ruling on petitioner’s claim to his Rights under the Speedy Trial Act is IN CONFLICT WITH OTHER CIRCUITS, when charges contained in the Criminal Complaint NOT brought in the Timely Original Indictment (August 20, 2008) but included in the UNTIMELY materially broadened and substantially amended Superseding Indictment (November 24, 2009) (that does NOT relate back to the Original Indictment) arising from the same conduct that increased petitioner’s sentence THREE-FOLD (more . than fifteen months passed instead of 30 days) violates 18 U.S.C. § 3161(b)? United States V. Uri Ammar, 842 : F.3d 1203 (11th Cir. 2011); United States V. Palomba, 31, F3d 1203 (9th Cir.1994); United States V. Timothy Alphonso Jones, 23-F.3d 1307 (8th Cir. 1994); United States V. Montoya, 827 F.2d 148 (7th Cir. 1987); United States V. Crane, 776 F.2d 600 (6th Cir. 1985); United States V. Dignam, 716 F.3d 915 (5th Cir. 2013); United States V Leftenant, 314 F.3d 338 (4th Cir. 2003); United States V. Cox, 553 F. App’x 123 (8rd Cir. 2014); United : States V. Lucky, 569 F.3d 101 (2nd Cir. 2009); United : : States V. Bryant, 523 F.3d 349 (D.C. Cir. 2008). (See EXHIBIT A). . 4} \

Docket Entries

2019-12-09
Petition DENIED.
2019-11-20
DISTRIBUTED for Conference of 12/6/2019.
2019-11-18
Waiver of right of respondent United States to respond filed.
2019-09-23
Petition for a writ of certiorari filed. (Response due December 13, 2019)

Attorneys

Hassan Abpikar
Hassan Abpikar — Petitioner
Hassan Abpikar — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent