Jean Buteau Remarque v. United States
AdministrativeLaw DueProcess CriminalProcedure Immigration JusticiabilityDoctri
whether-an-unprecedented-legal-theory-of-receipt-is-unconstitutional
QUESTIONS PRESENTED FOR REVIEW 1. Whether an unprecedented legal theory of receipt that relies on file name of unauthenticated screen shots as relevant unit of prosecution under Section 2252A(a)(2) is so standardless that it invites arbitrary and discriminatory enforcement, and’ double jeopardy. 2. Whether a Barker analysis in which only the reason for the delay is considered | as dispositive while totally ignoring three other factors that weigh heavily in favor of dismissal is allowed to stand. 3. Whether Gates totality of the circumstances test should be modified so as to embrace a new per se rule that grants automatic credence to informant's uncorroborated tip merely by a talismanic virtue of being named in the affidavit. 4, Whether a probable cause finding based on a fabricated WhatsApp messages that, even if true, would not constitute evidence of a crime under Section 2422(b), coupled with an uncorroborated implausible accounts from an "informant of unknown reliability" could ever pass constitutional muster. 5. Whether this Court's decision in X-Citement Video, Inc., requires that an indictment under 18 U.S.C.S 22524 pleads the knowledge of the sexually explicit nature of the materials as well as the inovlvement of minors in the materials’ production as an essential element of the offense to be constitutionally valid. : | 6. Whether the use of a foreign national defendant's putative admission in obtaining a trio of convictions was a denial of due process, when a demonstrably false portion of the un-Mirandized statement was presented at trial and the defendant was denied a fair and full voluntariness hearing. |