Orin Kristich v. United States
DueProcess
Whether appeal counsel can dismiss appeal without client consent
QUESTION(S) PRESENTED ¥ 1. Whether the Appellant's Appeal Counsel, Mr. Acton, can tell the court that the Appellant agrees to dismiss the Appeal without ever talking to the Appellant about the government's motion to enforce the plea waiver? 2. Whether the Clerk of the Court for the (10th Circuit) Court of Appeals can refuse to file Mr. Kristich's misconduct complaint about Judge Johnson? 3. Whether the (10th Circuit) Court of Appeals can refuse to answer Mr. Kristich's request for De Novo Review? 4. Whether the plea waiver should be enforced when defense counsel lied to Mr. Kristich in order to get him to sign the plea agreement? 5. Whether the plea waiver should be enforced when defense counsel did not tell Mr. Kristich everything the government was saying about the plea agreement? 6. Whether the plea waiver should be enforced when the Court went outside the admission of facts? 7. Whether the plea waiver should be enforced when the Court did not reach the correct guideline range at sentencing? 8. Whether the government can add guidelines, sentencing factors, policy statements, or laws to the plea agreement at sentencing after the plea was accepted by the Court? (When the plea was an 11(C)(1)(c) plea agreement). 9. Whether the Judge can impose guidelines based on a statement the defendant/appellant never made? 10 Whether the district court can let the treatment provider or probation officer determine the defendant's sentence as part of supervised release? li. Whether the Supreme Court should grant Mr. Kristich a new trial? P|