No. 23-6054

In Re Christopher Thieme

Lower Court: N/A
Docketed: 2023-11-20
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment constitutional-violation double-counting double-jeopardy due-process grouping multiple-punishment sentencing-enhancement sentencing-guidelines
Key Terms:
AdministrativeLaw DueProcess FifthAmendment HabeasCorpus Patent JusticiabilityDoctri
Latest Conference: 2023-12-08
Question Presented (AI Summary)

Does the application of a four-level sentencing enhancement constitute impermissible double counting in violation of the 5th Amendment's Due Process and Double Jeopardy Clauses?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR_REVIEW 1.) Does the application of a four-level sentencing enhancement under United States Sentencing Guideline § 2A1.5(b)(1) to the sentence calculation of a defendant convicted of 18 U.S.C. § 1958(a) constitute "impermissible double counting" in violation of the 5th Amendment's Due Process and Double Jeopardy Clauses? : 2.) Does its further application through "grouping" of multicount convictions at the higher offense level of convicted counts, per U.S. Sentencing Guideline §§ 3D1.2 and 3D1.3, impacting a count for which the sentencing enhancement does not apply, resulting in a longer sentence, constitute a double jeopardy "multiple punishment" through essentially "triple counting” or "cumulative counting’? 3.) Should 18 U.S.C. § 1201(d) be invalidated as "void for vagueness" and overbreadth because it relies on the word "attempt" which Congress has never defined because it has not enacted a federal attempt liability statute? 4.) Did the courts violate the Separation of Powers doctrine by adopting the Model Penal Code definition of "attempt" in the absence of both a federal attempt liability statute and any authorization from Congress to use the Model Penal Code definition? 5.) Is the Petitioner innocertty of attempted kidnapping under 18 U.S.C. § 1201(d) due to "legal innocence"? 6.) Should the Court issue a Writ of Habeas Corpus under the Judiciary Act of 1789, and/or 28 U.S.C. § 2241 and § 1651(a); or a Writ of Audita Querela or Writ De Homine Replegiando? -1 :

Docket Entries

2023-12-11
Petition DENIED.
2023-11-22
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09

Attorneys

Christopher Thieme
Christopher Thieme — Petitioner
Christopher Thieme — Petitioner