Jason Jayavarman v. United States
HabeasCorpus
Is an indictment duplicitous when it charges multiple offenses in a single count and does Federal Rule of Criminal Procedure 8(a) prohibit such charging
1.Is indictment duplicitous when it charges two or more offenses in a single count? 2.Does Federal Rule of Criminal Procedure 8(a) prohibit the charging of multiple offenses in one count? 3.does district court violate Rule 8(a) of the Federal Rules of Criminal Procedure when it knowingly divided Count One of the indictment into two separate sub-counts or charges? 4. Do offenses of production and attempted production of child pornography pursuant to 18 U.S.C. §§2251(c) and (e) require an act of traveling in foreign commerce for the purpose of committing the alleged crimes? Do the words "and" and "or" have different meanings (especially when they are tucked into different clauses of federal statute or indictment)?5. 6.Does the district court make an error of law when it improperly applied AEDPA's statute of limitations? 7.Is the district court's error of law a "mistake" under Federal Rule of Civil Procedure 60(b)(1)? 8.Does the district court issue a final judgment when it denied a Rule 60 (b)(1) motion without resolving a claim of statutory error? 9.Is trial counsel ineffective when he failed to object to the duplicitous indictment and to the jury charge allowing submission of two charges in Count One to the jury? 10. Is trial counsel ineffective when he failed to communicate a government's formal plea offer prior to the offer's expiration? i