Michael Pacelli v. United States
DueProcess FourthAmendment HabeasCorpus
Can a law enforcement agency seize evidence or record private phone calls without a warrant, and then use the gathered evidence against a defendant?
QUESTIONS PRESENTED 1.) Can a law enforcement agency sieze evidence or record private phone calls without a warrant, and. then use the gathered evidence against a defendant? 2.) Can a person commit a crime in one jurisdiction and be arrested, charged and sentencéd’ in a completely different district? 3.) If a charge against a defendant is dismissed during the plea hearing, and then dismissed again at the sentencing hearing, can the defendant still be enhanced for the dismissed charge and still have that charge appear on his transcript and record? 4.) If the defendant's counsel did not object to the above three issues, has the defendant's counsel delivered an effective defense? 5.) If a defendant has Constitutional errors and Ineffective Assistance of counsel issues, can the defendant file a 2255 motion after the one year Statute of Limitations has expired? 6.) If, at the time of sentencing, the District Court judge issues forth a sentencé without taking into consideration all of the 3553(a) factors, can the sentence stand as fair and unbiased? 7.) Should the defendant have been allowed an Evidentiary Hearing to determine whether the evidence was obtained illegally from another jurisdiction, which would be a violation of the fourth ammendment, and of the exclusionary rule, in order to moniter phone calls and sieze personal property? . (PAGE 5)