No. 23-6375

Mark E. Sells v. United States

Lower Court: Tenth Circuit
Docketed: 2023-12-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure circuit-court-precedent constitutional-rights dismissal-of-appeal due-process federal-rules-of-appellate-procedure plea-agreement supreme-court-precedent tenth-circuit-court united-states-supreme-court-law
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-01-19
Question Presented (AI Summary)

due-process-access-to-court

Question Presented (from Petition)

No question identified. : PETITION TO UNITED STATES SUPREME COURT FOR CERTIORARI TO HEAR SELLS' APPEAL ON QUESTION(S): Question #1: Did the United States Tenth Circuit Court of Appeals, violate Sells' . Right to ‘Due Process' and ‘access to a Court of Law' guaranteed by Amendments: V, : VI, ahd XIV, of the United States Constitution, by ‘Dismissing’ Sells' 18 U.S.C. § 3742 ' Appeal without adjudication, ‘ruling contrary to', and ‘making unreasonable application of [United States Supreme Court Law] in Smith v. Barry, 502 U.S. 244, 248 (1992) concerning FRAP!Rule 3(c)(1)(B), and Haines v._ Kerner, 404 U.S. 519-521, 92 S. Ct. 594, 30 L.Ed.2d 652 (1972), for the sole purpose of avoiding having to 'Hear' and adjudicate Sells' lawfully brought [with merit] claim(s), concerning the violation of the 'terms' of Sells Federal 'Plea Agreement’ in '04-CR-0057-TCK', N.D. Okla. (2004), by the indirect effects of ‘other! Court rulings, which Sells did not seek to challenge with this filing? This ruling being being 'contrary to other, long established United States Supreme Court law' (Jorres v. Oakland ' Seavenger Co., 487 U.S. 312, 317, 101 L. Ed. 2D 285, 108 S. Ct. 2405(1988)), as well as being in direct conflict with other ‘circuit courts' precedent. See: Smith v. Galley, 919 F.2d 898, 895 (1990). . Federal Rules of Appellate Procedure 5 , PARTIES TO PROCEEDING: MARK E. SELLS, Petitioner; UNITED STATES, Respondent,; and ‘interested party' [in Opposition]: STATE of OKLAHOMA: who: (has failed to respond to all filings and has not made 'Entry of Appearance’). LIST OF RELEVANT PROCEEDINGS: 1. Appellant’s Petition to re-Hear Appeal (no._23-5101) 'En Banc to U.S. 10% Cir., dtd 9-26-2023. | 2. U.S. 10 Cir. Order 'Dismissing Sells Appeal' in 'United States v, Sells’, appeal no. 28-610], dtd 9-15-23.

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 26, 2024)

Attorneys

Mark E. Sells
Mark E. Sells — Petitioner
Mark E. Sells — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent