Sandra Lee Bart v. United States
HabeasCorpus
Was defendant deprived of due-process, fair-warning, power-of-attorney, false-attestations
QUESTIONS PRESENTED FOR REVIEW 1. Was defendant deprived of due process when H2 Guest Worker regulatory violations of a co-defendant for the years 2010 to 2013 were made dispositive of the criminally charged conspiracies of fraud regarding false attestations on forms submitted to Departments of State and Labor when co-defendant and defendant did not sign nor even see the forms because, as was the customary and acceptable policy, the co-defendant’s agent signed as Power of Attorney and no Fair Warning Notice was given? 2. Did the District Court and the Eighth Circuit Court of Appeals rule contrary to other appellate circuits regarding restitution and forfeiture being foreclosed in a 28 U.S.C. 2255 petition even though the District Court , recharacterized Petitioner’s pro se motion as a 2255 (filed after appellate counsel refused to appeal these issues); did the District Court deny due process when it failed to issue a Preliminary Order of Forfeiture; and did the Courts fail to vacate forfeiture contrary to the United States Supreme Court’s ruling that joint and several is impermissible? 3. Did the Eighth Circuit rule contrary to eight other appellate circuits, state courts, and the opinion of the United States Supreme Court when it approved the District Court’s failure to consider the Cumulative Error Doctrine in a trial permeated with errors so numerous and egregious that it deprived defendant of a fair and just trial? qt