Fabrizio DeFrancisci v. United States
DueProcess HabeasCorpus
Was the district court and appeals court wrong to deny the Rule 60(b)(6) motion and certificate of appealability, respectively, when this court has specifically held that the employment of an incorrectly calculated USSG range is a substantive violation of a criminal defendant's due process?
QUESTIONS PRESENTED FOR REVIEW . I. WAS THE DISTRICT COURT AND APPEALS COURT WRONG TO DENY . THE RULE 60¢b6) MOTION AND CERTIFICATE OF APPEALABILITY, REPSECTIVELY, WHEN THIS COURT HAS SPECIFICALLY HELD . THAT THE EMPLOYMENT OF AN INCORRECTLY CALCULATED USSG RANGE IS A SUBSTANTIVE VIOLATION OF A CRIMINAL DEFENDANT's a 5UE PROCESS? : ; Il. IN THE ALTERNATIVE, WAS THE APPEALS COURT WRONG“TO DENY A CERTIFICATE OR APPEALABLITY BEFORE HAVING RULED ON 'PETITZONER DEFRANCISCI's PROPERLY FILED MOTION FOR LEAVE TO FILE SUPLEMENT -WITH SUPPLEMENT FILED CONTEMPORANEOUSLY THEREWITH -PRIOR TO ENTERING A?PINAL ORDER? i