Kwame Ali Askia v. United States
DueProcess JusticiabilityDoctri
Whether the court of appeals has discretion to correct an error only if there is 'an error' that is 'plain' and that 'affects substantial rights'
QUESTION PRESENTED Q1 -23 , PETITION FOR A WRIT OF CERTIORARI Introduction oy OR ‘ _ . “, i “A court of appeals has the ~ fi Cé [: discretion power to correct L = & | an error only if there is “an L LN ' ‘error’ that is ‘plain’ and a m= , that ‘affect{s] substantial — u rights.” RE fe 3 “According to” The United States Court Appeals for the 8* Circuit” On behalf of the Petitioner, this motion of 23 prongs present violations against constitutional law and Federal Rules and Procedures as well as Judicial Protocol; a conclusions that is acknowledged by Exculpatory Evide nce of Innocence and The United States Court of Appeals for the Circuit 8. That also, justifies the rebuking of the government’s argument in the above case of the dispute submitted by the government’s argument and Case No. 151717. Including good cause and merit of evidence based rationale for Nullification and mootness of the Western Division of Arkansas ' discretionary decisions according to the United States Court Appeals for the 8 Circuit, states as; “ Based on the district court’s erroneous ruling that § 666 (a) (1) (A) was a continuing offense, "The United States Court Appeals for the 8k Circuit. | 2 bo x This motion uses the legal conclusions drawn from finding of The United S tates Court Appeals for the 8 Circuit, Case law from: "The United States Court Appeals for the 7 Circuit, the Government’s submitted evidence of Exhibit 4, the Federal Rules and Procedures and the lack of Judicial Protoc ol, to draw a ripeness for the Petitioner’s to claim his innocence and his righ ts for requesting a Nullification of a wrongful conviction, lacking legal pro bable cause, nor Jurisdiction. There is plethora of proven exculpatory evide nce of innocence and constitutional law violations that establishes illegal re d flags, of violations and / or oversights by the Western District of Arkansas United States District Court, based on the lower court’s discretionary decisi ons. That justifies the following conclusions by “The United States Court Ap peals for the 8 Circuit. The first of such conclusion from the ’The United States Court Appeals for the 8* Circuit, has the likeness of a Tsunami tida 1 wave affect and it have multitude of elements as negative marks against the Western District of Arkansas United States District Court, based on the lower court’s discretionary decisions. The most damaging is the use of follo wing conclusion drawn the court, “Based on the district court’s erron eous ruling that § 666 (a) (1) (A) was a continuing offense, ”The United States Court Appeals for the 8 Circuit”. The Petitioner’s objective is to overturn this wrongful conduct by the Western District of Arkansas United States District Court; by the means of nullification / overturn Case U.S.A. v. Askia. S 2 QUESTION PRESENTED PETITION FOR A WRIT OF CERTIORARI Introduction The Petitioner’s motion , U.S.A. v. Askia; ’The United States Court Appeals for the 8 Circuit”, has agreed with the Petitioner’s Argument concerning | violations of Federal Rules and Procedures, Case Law ("The United States Court Appeals for the 7* Circuit”), and the Petitioner’s 2014 motion submitted to the, Western District of Arkansas United States District Court. Therefore, ruling against WDA, has come in favor of the Petitioner and his argument submitted February 18, 2014. “The United States Court Appeals for the 8 Circuit”, has drawn the following conclusion: The evidence below confirms the following are false conduct of Plain Errors by the WDA; The district court denied Askia’s motion to dismiss, for two reasons. First, the court concluded that § 666(a)(1)(A) was a “continuing | offemse” and thus the statute of limitations did not begin to run until the last date charged, i.e., April 11, 2008, placing the indictment within the limitations period. . . 0 & Second, even assuming § 666(a)(1)(A) was a completed offense and thus the statute of limitations began to run once all elements of the offense were established,