No. 24-6131

Kristopher Jacob Freda v. Oregon

Lower Court: Oregon
Docketed: 2024-12-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bureau-of-prisons compassionate-release discretionary-relief extraordinary-circumstances first-step-act sentencing-reduction
Key Terms:
DueProcess FourthAmendment FirstAmendment Punishment Securities
Latest Conference: 2025-01-24
Question Presented (AI Summary)

Whether a district court may reduce a defendant's sentence under the First Step Act's compassionate release provision based on extraordinary and compelling reasons not enumerated in the Bureau of Prisons' policy statement

Question Presented (OCR Extract)

QUESTION(S) PRESENTED — 1) If the petitioner is really scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, scared, that the gang members incarcerated at Oregon State Penitentiary (OSP) are going to kill him for refusing to sit on the opposite side of the cafeteria and the OSP correctional officers have proved that they can’t protect him (petitioner has been assaulted at least 6 times at OSP and doesn’t fight back), does the petitioner’s situation warrant the same protection as SCOTUS affirmed for the California prisoners in 2011 (Brown v. Plata, 131 S. Ct. 1910, 179 L.Ed2d 969, 563 U.S. 493 (2011), which was the release of approximately 37,000 prisoners to get the prisoner population down to 137.5% of designed capacity. There were two unnecessary constitutional violations, (1) the cruel and unusual punishments clause of the Eighth Amendment and (2) due process clause of the Fourteenth Amendments on prisoners with serious mental disorders and a class of prisoners with serious medical conditions and the petitioner believes because of the fact that he suffers from a severe mental disorder that he deserves a Equality compassionate release due to these two Constitutional violations. 2). Does the petitioner have a right to the same protection the California prisoners received? . 3) Does SCOTUS have the power to Mandamus the Oregon Court of Appeals and the Oregon Supreme Court to review cases: State v. Freda, 372 Or. 192, 546 P.3d 913 (Or. 2024) & State v. Freda. 333 Or. App. 122, A179873 (Or. App. Jun 05,2024) & State v. Freda, 372 Or. 192 (070936 (Or. Apr. 11 2024) & State v. Freda, A180194 (Or. App. Feb 22, 2024) & State v. Freda, 544 P.3d 451, 331 Or. App. 348 (Or. App. 2024) using a heightened standard-of-review set out in the Oregon Supreme Court case: State v. Rangel, 328 Or. 294 (Or. 1999) because currently there is a violation of the petitioner’s right to free speech protected in the 1*' Amendment of the U.S. Constitution. 4) Can SCOTUS review my case to prevent a murder.please? It’s scary at OSP and they found a knife last year so the gang members could have a shank already. OSP — Kristopher Freda, SID 15867625 Form 42.010

Docket Entries

2025-01-27
Petition DENIED.
2025-01-09
DISTRIBUTED for Conference of 1/24/2025.
2024-12-20
Waiver of Oregon of right to respond submitted.
2024-12-20
Waiver of right of respondent Oregon to respond filed.
2024-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 13, 2025)

Attorneys

Kristopher J. Freda
Kristopher Jacob Freda — Petitioner
Kristopher Jacob Freda — Petitioner
Oregon
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent