Michael Stapleton v. United States
FifthAmendment DueProcess HabeasCorpus
Whether multiple convictions and sentences under a single statutory provision of Title 8 U.S.C. 1324 for simultaneous conduct violate the Double Jeopardy Clause when Congress did not clearly intend to authorize multiple punishments
Did the Court of Appeals create a split in Circuits by affirming Movant's convictions and sentences for crimes that were committed simultanously under the same statutory provision of Title 8 U.S.C. 1324 when it said that multiple convictions and sentences can co-exist where the Ninth Circuit said that legis lative proves that Congress never intended to impose multiple punishements for Title 8 U.S.C. 1324 offenses that, were committed simultanously before reversing the convictions in United States v. Sanchez-Vargas? Did the Court of Appeals create a split in Circuits and violated this Court's ruling in Blockburger v. United States when the Court of Appeals applied the Blockburger test to Title 8. U.S.C. 1324 single^statutory provisions where the Ninth Circuit said that the Blockburger test does not apply to offenses defined in single statutory and penalty provisions, where this Court held that the Blockburger test correctly applies to offenses defined in separate statutory and penalty provisions? Did the Court of Appeals create a split in Circuits by denying the motion to recall the mandate where the Fifth Circuit said that two indictments maybe pending at the same time as long as jeopardy has not attached to the first indictment does not moot the case (if) the first indictment is still pending where in Movant's case jeopardy attached to the 20131indictment at the trial of the 2014 indictment where the Government voluntarily dismisses the 2013 indictment (22) days after the conviction and prior to sentencing mooted the case? Whether the Blockburger test is applicable to multiple charges brought under a single statutory subsection, or whether Court's must instead rely on legis lative history to determine congressional intent to impose cumulative pun ishment? Does the Court of Appeals Opinion conflicts with this Court's ruling in Rutledge v. United States where the Court of Appeals affirmed Movant's convictions and sentences on counts 10, 32 and 47 where a mandatory special assessment was imposed on a lesser and greater included offense where this Court held that a mandatory special assessment imposed on a lesser and greater included offense violates the Double Jeopardy Clause? Does the Court of Appeals Opinion conflicts with this Court’s ruling in Clemons v. Mississippi where the Court of Appeals affirmed Movant’s convictions and sentences on the District Court's failure to provide limiting instructions to the jury on aggravating circumstances where this Court held that aggravating circumstances cannot constitutionally be presented to the jury without linn ring instructions? Whether the denial of a motion to recall the mandate when based on the failure to recognize clearly established Supreme Court Precedents in Rutledge v. United States and Clemons v. Mississippi violates the Due Process Clause of the prin ciples of fair judicial process? Whether the Federal Court of Appeals may deny a motion to recall the mandate under 11th Cir. R. 41-l(c) where it previously affirmed a conviction in con travention of clearly established Supreme Court precedents, and later granted relief to a simular situated defendant on the same legal ground? Whether the re-litigation bar, as articulated in Shoop v. Hill, precludes an Appellate Court from refusing to correct a prior legal error that was wellunderstood and settled at the time of the original Opinion? Wether a Court created error that contradicts clearly established Federal Law can be shielded from correction solelyon the basis of a Procedural Rule under 11th Cir. R. 41-l(c), even when a timely motion to recall the mandate is filed based on subsequently revealed, identical relief is granted to another defendant? Whether denying relief from unconstitutional convictions solely on the finality of judgement violates the Due Process Clause when the error involves an illegal sentence and a violation of the Double Jeopardy Clause? Whether convictions and sentences under multiple counts of a single s