No. 23-5999

Anson Chi v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal-procedure civil-rights constitutional-rights criminal-appeal criminal-case criminal-procedure due-process extension-of-time petition-for-rehearing petition-for-rehearing-en-banc restitution
Key Terms:
HabeasCorpus
Latest Conference: 2024-02-16 (distributed 2 times)
Question Presented (AI Summary)

Did the 5th Circuit Court violate Chi's due-process-right

Question Presented (OCR Extract)

QUESTION(S) PRESENTED A. Dn Chi’s criminal case /appea\ ) the United Stockes Couct if \ppecls Bathe Fo), Circuit marled its dune G, 202.3 , judgment te . Chi, bot Chi received if on OGune 20, 2025 __— the day the deadline —— <0 Chi WS Lonced +; Rile. n~ motion Lo ectension ok time to Lele On petition for rehearing and petition for rehear ing en bane . However, the Et), Cipcurt Court actually dented Chi Is mort tore Loe an extension sttimes in his pre se ceimina\ appeal and eriminal case. wm pro ger t Did the Eth Circuit Court violate Chi’s dueprocess right under fhe. United , Stoctes Constitution by not “Nlewinge Chi an opportunity +4 Ole. oO petition or rehear Ung and petition tor rehearing en boanet 2. Money May net Le with drawn fiom a Rederal prisoner ‘s teost account, Lt ever 4, sotish court-ordered restitution without Qed determining the source 30 ? tne flonds. The istrict court never determined the source ok the fonds ond never determined rf opplyin qhese. Donds +o ce stitution was topee before Seizing. thes e-Punds Loom Chis trust accour. Did the district court violate Chi 's eights by not fact Cnding the SOUTCE bhi Bonds? | 3 ° D d the government violate. Ig U.S.C. § 366FCK by nat nstifyias the victim ft any chan e in circum stance. aS required under WB JSC. § 366FCK)2, 4. D id the Fifth Bait Courhviclecte Chi ’s ti ks by Cailing ands Fe us ng te address several issues Cincluding the recusal of! Oo ; jedge) and vrong ty \ly rv ing ow the L, lowing isvess | ne Tessve LL: . The district court judge oe Richard A. Schell segregiously and weong fully | applied the civil theeestrikes) provi sien Rae , PLRA ar w criminal restitution order, so district court judge Schell sheuld have been recused Lon his ignorance. othe Pave e ; AT ssve Jt: The, district court covitisecte\ : Chi 's as | } 720. 02, +. inkentionally stop Chi Ll ncon. ‘nator his appeal & the Fel 2 i> na or ee ii e ruary B, 202) new . government 's Ce A ov the le aware Wt Hate never been addressed, ree suseme the Tssve TIL: The. district court also . | cor iscatek Chi's COVID-t7 ZLRS stimclus money $1, 720.02 to deliberately prevent thi Qoom Paying his ap peal FAV SING the district court A\. rontl distorti, 0 ; i: tales Ihe, CS) igpend m Scisting the. Je leg bs be Cite Crd beth, Be “TV ssye. Ww. The de ctrict cour | : violacted the Fifth Amendment the OS Constitution by coniscacting Bl, 720,02, without due process of law when Schell signed the turnover order that denied chi his right +o respond +o the Government, | TT ssue. ava Chi signed a cortract : with the Federal Bureau of Prisons to PY monthly restitutven before fhe strict court coniccated Chils 1,720.02 Ler Oo © restitution unnecessarily, a ee eee Chile BL 720.02 was to pay restitution and required. co vet bili | fees aS well aS other court Pees fon ther CASES, So the district courte confiscation denied . Chi the right +. Rs his court tees aie s OL constitutional violation co mpletely, denying . Chi his right ot access te the courts : ; TL esve Wi: The (i strict court wrenstully seized 1,720.02 At Chi's (OVID\7 TRS econoMic. stimulus cheete, when the. | 7 Qovernment already seized # lL, 2.00 wrenghully from Chi!s other COVLDI" TERS stim&los . checks ’ also egre ously and weongtully. applied the civil | PLRA treat prevision +o 0°" the distaick couck n stopping, ¢ ( intenctionadly rom appeclin © Ground Theeeand Grovnl Fur CL Chi's 8 2255 Mecion)? “US, Circuit Tedge Prado CSC) . vislated Chi!s fundamental toe process rights and ce Three U.S. Ciceuit Judges should ve beenrecused.” ; : 5b « Oi had mailed his Chon te. a Weit af Cerloraci attacking his wrongttel eriminal conviction and the. February 8, 2021, governments Breach of The TEnvoluntary plea agreement , but SCOTUS cetused to Lele his teks bon f.. Cert. CSee

Docket Entries

2024-02-20
Rehearing DENIED.
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2023-12-21
Petition for Rehearing filed.
2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-16
Waiver of right of respondent United States to respond filed.
2023-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2023)
2023-08-25
Application (23A168) granted by Justice Alito extending the time to file until November 3, 2023.
2023-07-26
Application (23A168) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to November 3, 2023, submitted to Justice Alito.

Attorneys

Anson Chi
Anson Chi — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent