No. 24-7070

In Re Shawn Michael Chalifoux

Lower Court: N/A
Docketed: 2025-04-24
Status: Denied
Type: IFP
IFP
Tags: conspiracy controlled-substance false-testimony grand-jury prosecutorial-misconduct selective-prosecution
Key Terms:
DueProcess FifthAmendment Takings HabeasCorpus Privacy ClassAction
Latest Conference: 2025-05-15
Question Presented (AI Summary)

Does an Assistant U.S. Attorney have the authority to present perjurious testimony and/or false declarations before a grand jury and/or district court to selectively prosecute a defendant for conspiracy to distribute a controlled substance solo and without a co-conspirator?

Question Presented (from Petition)

1) Does an Assistant U.S. Attorney have the authority to present perjurious testimony and/or false declarations before a grand jury and/or district court to selectively prosecute a defendant for conspiracy to distribute a controlled substance solo and without a co-conspirator? 2) After a defendant clearly and unequivocally waives his right to have counsel for his defense (and asserts his right to self representation), may a district judge simply ignore the defendant and avoid having a Faretta inquiry and then appoint the defendant counsel against his will? 3) While a defendant has a Writ of Habeas Corpus active and pending appellate review, may a custodial jail director transfer custody of that defendant without proper application and/or receiving judicial authorization prior to the transfer? 4) If at a competency hearing held under 18 U.S.C. 4241(c), a defendant wants to testify on his own behalf and make a statement defending his position as to competency and selective prosecution, may a district court deny the defendant his right to testify prior to committing him to the custody of the Attorney General under 18 U.S.C. 4241 (d)(1 ) of the Insanity Defense Reform Act? 5) Does a U.S. Magistrate Judge have the authority to deem a defendant mentally incompetent and commit him to the custody of the Attorney General under 18 U.S.C. 4241(d)(1) without providing the defendant written and/or verbal notice of the incompetence determination and/or commitment order? 6) After a defendant makes and files an affidavit under 28 U.S.C. 2254, Rule 4, Committee Note(a), and under 28 U.S.C. 144 (respectively), alleging judicial bias on a particular judge, does a district court have the authority to allow the same particular judge to review, consider, deny, and dismiss the Writ of Habeas Corpus? 7) Does a district court have the authority to review, consider, deny, and dismiss a Writ of Habeas Corpus without first receiving the $5.00 filing fee and/or an in forma pauperis affidavit? 8) Does a U.S. Magistrate Judge and/or a defense attorney have the authority to force a defendant to waive his right to file written objections within the 14 day time limit under Fed.R.Crim.P. Rule 59(a)? 9) Does a U.S. District Judge have the authority to direct BOP prison officials to obstruct a defendant's legal mail correspondence (and/or a court order) for the purpose of sabotaging the defendant's appeal? 10) After a defendant files a notice of appeal and after a district court is divested of it’s jurisdiction to proceed any further in a particular case, may the district court interfere with a defendant's appeal to prevent him from prosecuting the appeal, to essentially sabotage the appeal? TRULINCS 25985018 CHALIFOUX, SHAWN MICHAEL Unit: SPG-G-P

Docket Entries

2025-05-19
Petition DENIED.
2025-04-30
DISTRIBUTED for Conference of 5/15/2025.
2025-03-28

Attorneys

Chalifoux, In Re Shawn M.
Shawn Michael Chalifoux — Petitioner
Shawn Michael Chalifoux — Petitioner