No. 23A599

William Phillip Neidinger v. United States

Lower Court: Ninth Circuit
Docketed: 2024-01-02
Status: Presumed Complete
Type: A
Tags: cruel-and-unusual due-process eighth-amendment federal-sentencing identity-preservation judicial-discretion
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Eighth Amendment prohibits imposing a federal prison sentence that effectively destroys a defendant's identity and constitutes cruel and unusual punishment

Question Presented (OCR Extract)

No question identified. : This update is in response to Trial Court’s action of 12/21/2023. Trial transcript (multiple trials) has been replete with documentation of each issue raised previously being struck down, or violations imposed, as a matter of personal style on the part of Judge Howard D. McKibben, including a whole new narrative to hide all the judicial fraud and law-fare of his local colleagues over the last 22 years that lead to the facts of this case, compulsion that all professional participants had to follow the new narrative, and PSR creatively written to new narrative thereby enhancing guideline, sentencing upper end of that to punish me for making him “loose his touch” and having to use two trials. By these means, he effectively took ownership of all the roles of judge, jury and executioner. With Ninth Circuit only being presented same false narrative and thereby refusing to remand, he took effectively ownership of appellate authority as well. And with his ruling of 12/21/23 — imposing his own interpretation of an outdated USMS letter of Assignment as current U.S. Marshal Service and Federal Bureau of Prisons records and allocation of resources — he is now arguably Impersonating a U.S. Marshal, raising issues both for myself and the Bureau of Federal Prisons. The Ninth Circuit has ruled that mandate has been issued — “no further filings will be considered in this closed case” (11/27/2023). District Court ruling of 12/21/23 attached. Self-surrender date Jan.4th, 2024. p. 2 of 3 Also see Trop v Dulles, 356 U.S. 86 (1958), a case of desertion in wartime, the Supreme Court ruled that the defendant could be executed, but deprivation of citizenship (as is overwhelming context here) was Cruel and Unusual. Tam most humbly and earnestly requesting that you Stay the Federal prison sentence indefiniteiy — even if i do not get a Writ of Certiorari — this sentence only serves to continuing ongoing lower level court and legal minion persecution well into a third decade, by excuse of demonstrably false color of criminal history doubling guideline, which eliminates all possibility of doing the behavior that the court represents that it wants to encourage, and makes a matter of life and death Necessity the behavior it represents to proscribe as more than three months at this point would effectively kill the last vestiges of the identity that the court pretends that I should operate exclusively within, which would be midterm honest guideline. Again this is driven by a last minimal “visible means of support” issue. Not that I ever intended to cause any problems, but even if I had, further sentencing would best incorporate some form of alternate arrangement. And you can do this because regardless of if I ever get an innocent verdict from a fully educated fair trial — so assuming full guilt — this is still Cruel and Unusual. 24th day of December, 2023 ALL, . WILLIAM P. NEIDIN' Sui Juris, In Forma Pauperis, In Proper Person 775-338-1442 p. 3 0f 3 fo 89 DN DO oT FF WwW DY = on Oo oO FF W NY = CO O A NN ODO HN BR WOW DY = Case 3:20-cr-09-HDM-CLB Document 199 Filed 12/21/23 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA UNITED STATES OF AMERICA, Case No. 3:20-cr-09-HDM-CLB Plaintiff, ORDER Vv. WILLIAM PHILLIP NEIDINGER, a/k/a WILLIAM JOSEPH BECK, III, Defendant. The defendant’s motion for stay of prison sentence, filed December 15, 2023, (ECF No. 198) is DENIED. Enclosed is a copy of the designation letter from the United States Marshal Service, designating FCI Terminal Island, which continues to remain in effect. The defendant shall surrender to either FCI Terminal Island or directly to the U.S. Marshals at 400 S. Virginia Street, #201, Reno, NV 89501, on January 4, 2024, before 12:00 p.m. If the defendant plans to surrender to the U.S. Marshals, he should call (775) 686-5780 at least one business day ahead of time. IT IS SO ORDERED. DATED: This 2lst day of December, 2023. Sorta 9 tt Mh> UNITED STATES DISTRICT JUDGE

Docket Entries

2024-01-03
Application (23A599) denied by Justice Kagan.
2023-12-26
Supplemental Brief filed.
2023-12-20
Application (23A599) for a stay, submitted to Justice Kagan.

Attorneys

United
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
William Neidinger
William Phillip Neidinger — Petitioner
William Phillip Neidinger — Petitioner