No. 19-6883

Donald Brian Winberg, et ux. v. United States

Lower Court: Tenth Circuit
Docketed: 2019-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-law due-process patent standing statutory-interpretation takings
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether the district court erred in dismissing petitioner's complaint for lack of standing to challenge the constitutionality of the challenged statute

Question Presented (OCR Extract)

No question identified. : . QUESTION: PRESENTED FOR REVIEW 1. Is a farmer committing" fraud"(18 U.S.C. §1343) when he sells his "future goods" crop (UCC §2-105) on a “future goods" contract, : and accepts a deposit, He plants the crop, but the crop dies : ; in a state wide drought., and there is only 10% of the crop . supplied? Can the government indict .the farmer.and claim. that.:.«--. this: was:a.scheme. intended.to.defraud with fraudulant pretenses, imprison:.the farmer.and force their children into adoption? 18 U.S.C. §1343 mandates that this is illegal. UGC §2-105 mandates that this practice is not illegal 2. Is prosecutorial misconduct achived and warrant §2255 denyal/ reversal, When the prosecuting and arresting FBI officer's investigation varifyably arose from an ex-congressmans sinister plan to terminate his $2,000,000 civii judgment through corruption and political influance, got this same FBI agent.to:indict and. imprison. the judgments beneficiaries? 3.Is it prosecutorial misconduct in the Tenth circuit, when the FBI arranges suggestive circumstances leading. to the witnesses identifying particuiar person as perpetrating a crime. (18 U.S.C. §1343) 4.Is it inneffective assistance of counsel when counsel's. economic power compels the defendant to sign a plea agreement involuntarily, is.§2255 reversal warranted? Li

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-18
Waiver of right of respondent United States to respond filed.
2019-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)

Attorneys

Donald Brian Winberg, et ux.
Donald Brian Winberg — Petitioner
Donald Brian Winberg — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent