No. 20-6707

Cary Lee Peterson v. United States

Lower Court: Third Circuit
Docketed: 2020-12-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeals appellate-procedure civil-procedure constitutional-violation due-process fifth-amendment first-amendment judgment procedural-irregularity standing transcripts
Latest Conference: 2021-02-19
Question Presented (from Petition)

Whether the Court of Appeals erred in issuing an unpublished opinion, without including the Bill of Costs or Attorney's Fees or Costs of Appellate Procedure, and an irregular judgment; and why would such a judgment not be stayed or vacated?

Why would this Court not find a violation to Petitioner's Fifth, First, or Sixth Amendment rights (procedural or structural), resulting in a grave disadvantage (hence) causing Petitioner's direct appeal to be denied due to pagenom sto him not providing USCA with trial court transcripts within 4 days from entry of NOA pursuant to FRAP?

Why would it stand as constitutional to appoint CAR Marcy as sua sponte Clerk (without Petitioner's consent or request), despite CJA Marcy being relieved by the district court 1/4/2019?

Why would USCA have standing for jurisdiction for a direct appeal that shows docket entries under 23/753 that tacitly demonstrate or impalpably infer the existence of a private prosecution, or multiple sentences or convictions imposed after inception of USCA's direct appeal, there are neither nominal, manifestly excess indefinite gleyadly deferred nor forthright inexplicable?

Why would it be constitutional for Petitioner's original conviction to have been administratively formed without a Presentence Report prior to imposing a Sentence, as required under Fed. Crim. R. 32(a)?

Why would it be constitutional to constructively or partially amend criminal offense charges off indictment or conviction?

How is it constitutionally lawful for Respondent USA (or any nonparty) to invoke a contrived provision to gain an advantage in a political or civil matter against a political organization's chief representative?

Question Presented (AI Summary)

Whether the court erred in issuing an unpublished opinion without including the 'Bill of Costs' or 'Attorney's Fees' or 'Costs of Appellate Procedure' (FRAP 34(d)), and why such an irregular judgment would not be vacated or stayed

Docket Entries

2021-02-22
Petition DENIED.
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-07
Waiver of right of respondent United States to respond filed.
2020-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2021)

Attorneys

Cary L. Peterson
Cary Lee Peterson — Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent