No. 21-6621

Valentine Okonkwo v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment administrative-search criminal-prosecution dea dea-inspection due-process forfeiture-judgment prescription-fraud warrant writ-of-audita-querela
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Did the lower court err for ruling that an administrative search, without a warrant, ostensibly conducted by a DEA Diversionary inspector was lawful to be utilized for a criminal prosecution?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 1. Did the lower court err for ruling that an administrative search, without a warrant,ostensibly conducted by a DEA Diversionary inspector was lawful to be utilized for a criminal prosecution? 2. Did the lower court erroneously apply the law by using a total amount of 563,000 Oxycodone pills dispensed for legitimate and illegitimate purposes to determine Petitioner's years of imprisonment instead of 120,829 of Oxycodone pills which a DEA . inspector testified were filled with fraudulent prescriptions? 3. Did the lower court err for not making the writ of audita querela available to Petitioner to challenge a forfeiture monetary judgment when his counsel did not contest it at trial and direct appeal? . 4, Did the lower court misapply the law for permitting Petitioner's innocent and untainted personally legitimately earned money to be seized by the United States’ Government in partial fulfillment of a forfeiture monetary judgment? . i

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Valentine Okonkwo
Valentine Okonkwo — Petitioner