No. 21-5867

James Dean Kendrick v. United States

Lower Court: Second Circuit
Docketed: 2021-10-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: aiding-abetting aiding-and-abetting-liability criminal-jurisdiction criminal-procedure indian-reservation indian-reservations sentencing-guidelines title-21-usc title-21-usc-section-841(b)(1)(A) title-21-usc-section-848(e)(1)(A) title-21-usc-section-848(g)-(p)
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Can-the-Government's-alleged-motive-for-the-murder-of-a-non-Indian-committed-by-another-non-Indian-override-139-years-of-this-Court's-precedent-as-to-criminal-jurisdiction-on-Indian-Reservations

Question Presented (OCR Extract)

LIST OF ALL PARTIES The caption of the case in this Court contains the names of all parties to this Petition (Petitioner James Dean Kendrick and Respondent United States). Petitioner had two co-defendants proceed to trial with Petitioner (Pablo Plaza (72) and Janine Plaza-Pierce) and two co-defendants (Angelo Ocasio and Damien Colabatistto | (U.S. District Court-W.D.N.Y. 15-cr-6128, Colabatistto was charged by a separate Indictment but related case)) | that proceeded to two separate trials, as well as muitiple co-defendants that plead guilty, prior to trial, some . cooperated with the Government and some did not. in the Court below, the appeals of the co-defendants who | were found guilty, at trial, were each filed separately. Petitioner is not aware, as of this filirig; whether any of the above-mentioned co-defendants who were found guilty, have filed, or will be’filing their own petitions in this Court. . Co-Defendants: Pablo Plaza aka Paul (2) (Dist. Ct. 10-cr-6096) Went to Trial. Appeal-757 Fed. Appx. 42; 2018 U.S. App. lexis 34044. Pablo Plaza aka Plaza (3) (Dist. Ct. 10-cr-6096) Plead guilty and-received a 25 year sentence. Janine Plaza-Pierce aka Jan (4) (Dist. Ct. 10-cr-6096) Went to Trial. Appeal-940 F.3d 817; 2019 U.S. App. Lexis 30336. Edwin Negron aka E (5) (Dist. Ct. 10-cr-6096) Plead guilty and agreed to cooperate with the Government. | Angelo Cruz aka Kubiac (6) (Dist. Ct. 10-cr-6096) Plead guilty and received a 25 year sentence. Lance Plaza-Pierce (7) (Dist. Ct. 10-cr-6096) Plead guilty and was sentenced to 180 months in prison. Angelo Ocasio (8) (Dist. Ct. 10-cr-6096) Went to Trial. Appeal-752 Fed. Appx. 37; 2018 U.S. App. Lexis 29616. Jeffrey Davis (9) (Dist. Ct. 10-cr-6096) Plead guilty and agreed to cooperate, and testified for the Government. ; Zavier Vasquez (10) (Dist. Ct. 10-cr-6096) Plead guilty and agreed to cooperate, and testified for the Government. Phillip Barnes (11) (Dist. Ct. 10-cr-6096) Plead guilty and agreed to cooperate, and testified for the Government. Matilde Delgado (12) (Dist. Ct. 10-cr-6096) Plead guilty and agreed to cooperate, and testified for the Government. Related Case: : Damion Colabatistto (Dist. Ct. 15-cr-6128) Went to Trial. Appeal-762 Fed. Appx. 38; 2019 U.S. App. Lexis 4567. . ii . e | | . ,

Docket Entries

2022-01-10
Rehearing DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-03
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-21
Waiver of right of respondent United States to respond filed.
2021-08-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2021)

Attorneys

James Kendrick
James Dean Kendrick — Petitioner
James Dean Kendrick — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent