No. 20-8343

Joseph Jenkins v. United States

Lower Court: Second Circuit
Docketed: 2021-06-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal appearance-of-impropriety appellate-procedure constitutional-review due-process judicial-bias laws-of-case mandate-rule panel-composition sentencing
Key Terms:
DueProcess
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Questions Presented

Question Presented (from Petition)

QUESTION(S) PRESENTED _ I On third direct appeal, did the fractionally different appellate Panel plainly err by failing to force district court compliance (mandate rule) with the original (majority) panels published, ; now widely cited (including by this court) opinion and order; . ; violating both laws of the case and circuit by imposing a longer . term of imprisonment and harsh supervised release than ordered in . the first direct appeal, affecting my substantial due process rights? II Does the (vehemently) dissenting minority judges reappearance on a subsequent appellate panel, affirming a non-compliant judgment with language and views very similar to the original dissent; convey an appearance of impropriety and panel shopping? TIl Do the accumulative judicially biased errors (causing me to linger in the prison system longer than decided in the first appeal) , within this widely cited case require reversal, for more meaningful appellate review; to maintain integrity of the process, uniformity of decisions thus preserving public reputation and the appearance of justice? : i .

Docket Entries

2021-10-04
Petition DENIED.
2021-07-01
DISTRIBUTED for Conference of 9/27/2021.
2021-06-23
Waiver of right of respondent United States to respond filed.
2021-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)

Attorneys

Joseph Jenkins
Joseph Vincent Jenkins — Petitioner
Joseph Vincent Jenkins — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent
Brian H. FletcherActing Solicitor General, Respondent