No. 23-7404

William Maxwell v. United States

Lower Court: Third Circuit
Docketed: 2024-05-07
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: constitutional-interpretation criminal-procedure due-process firearm-transfer money-laundering obstruction-of-justice rico-conspiracy wire-fraud
Key Terms:
DueProcess Securities
Latest Conference: 2024-09-30 (distributed 2 times)
Question Presented (AI Summary)

Whether this case should be granted certiorari for full briefing on issues already decided in Maxwell's favor by this Court or whether a G.V.R. would be appropriate in the first instance?

Question Presented (OCR Extract)

QUESTIONS PRESENTED . Maxwell has convictions for 18 U.S.C. :1343, 1349 (wire fraud and wire fraud conspiracy) based on the intangible property right to information to make an economic decision and intangible right of control; 18 U.S.C. -§1956(h) (money laundering : conspiracy) based on the wire fraud convictions and revenue streams long past alleged objective of conspiracy; 18 U.S.C. §922(g) (1), §922(d)(1) (conspiracy to transfer a firearm to a nonviolent felon); 18 U.S.C. §1512(k), §1512(c) (2) (over broad reading of §1512(¢) (2)). All of these charges were subsumed into an eight-month-long "monster trial" under yet another conspiracy 18 U.S.C. §1962(d) RICO conspiracy (the above were predicates), all based on an alleged enterprises that did not have to actually . exist. I. The Supreme Court in Ciminelli, Bruen, Rahimi, Cleveland, Kelly, and Fischer, issued (or will issue) post conviction/post Maxwell's Third Circuit Panel decision (July 15, 2022), opinions that address and limit the scope and/or constitutionality of the statutes applied to Maxwell. (Cleveland and Kelly applicable under Ciminelli) Because this Court has already addressed the issues in Maxwell's favor, post trial and/or post panel decision, | the question is: Whether this case should be granted certiorari for full briefing on issues already decided in Maxwell's favor by this Court or whether a G.V.R. would be appropriate in the first instance? II. Whether the use by the jury and trial and appellate court(s) of 276 material exhibits which were never offered or admitted into evidence, and the reasonable inferences drawn therefrom, constitute such a denial of due process and a Lo -_ deviation from the American adversarial system of justice as to , constitute structural error? -ii yD ‘

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-04
Reply of petitioner William Maxwell filed. (Distributed)
2024-08-28
Brief of respondent United States in opposition filed.
2024-08-07
Second Supplemental brief of petitioner William Maxwell filed.
2024-07-18
Motion to extend the time to file a response is granted and the time is further extended to and including August 28, 2024.
2024-07-16
Motion to extend the time to file a response from July 29, 2024 to August 28, 2024, submitted to The Clerk.
2024-07-16
Motion of United States for an extension of time submitted.
2024-06-21
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2024.
2024-06-20
Motion to extend the time to file a response from June 27, 2024 to July 29, 2024, submitted to The Clerk.
2024-05-28
Response Requested. (Due June 27, 2024)
2024-05-24
Supplemental brief of petitioner William Maxwell filed.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-14
Waiver of right of respondent United States to respond filed.
2024-02-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2024)
2023-11-03
Application (23A399) granted by Justice Alito extending the time to file until February 12, 2024.
2023-10-19
Application (23A399) to extend the time to file a petition for a writ of certiorari from December 14, 2023 to February 12, 2024, submitted to Justice Alito.

Attorneys

United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
William Maxwell
William Maxwell — Petitioner
William Maxwell — Petitioner