Whether a federal district court lacks subject matter jurisdiction to prosecute settlement negotiations that occurred in another jurisdiction and do not constitute a criminal offense under federal law

No question identified. : SUPREME COURT OF THE UNITED STATES UNITED STATES OF AMERICA, Vv. VINCENT N. CANNADY, EMERGENCY APPLICATION FOR STAY PENDING APPEAL To the Honorable Sonia Sotomayor, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Second Circuit INTRODUCTION Applicant Vincent N. Cannady, proceeding pro se, respectfully applies for an emergency stay of proceedings in the Southern District of New York, United States v. Cannady, No. 7:24-cr00278. which is scheduled for trial in nine days. The Second Circuit has denied Applicant’s motion to stay proceedings (United States v. Cannady, No. 24-3005), even though it is still considering interlocutory appeals (Nos. 24-3005 and 25-1567) on threshold issues of subject matter jurisdiction and venue. Absent this Court’s intervention, Applicant faces trial before a court that lacks jurisdiction, under an indictment criminalizing court-ordered settlement negotiations, before a judge with conflicts of interest and a record of derogatory remarks. GROUNDS FOR RELIEF Lack of Subject Matter Jurisdiction: The indictment arises from settlement negotiations ordered in the Western District of Missouri (Kyndryl v. Cannady, No. 1:23cv-03279). SDNY has no authority to prosecute lawful settlement communications. Sec Steel Co. v. Citizens, 523 U.S. 83 (1998); Arbaugh v. Y&H, 546 U.S. 500 (2006). Improper Venue: Both parties were located in Missouri, making SDNY improper. See United States v. Cabrales, 524 U.S. 1 (1998). Non-criminal Conduct: Settlement negotiations cannot constitute extortion. See Sekhar vy. United States, 570 U.S. 729 (2013); United States v. Pendergraft, 297 F.3d 1198 (11th Cir. 2002). Bond Impropriety: The district court compelled Applicant to pledge assets of a Missouri corporation (C Enterprises Inc.) as surety for a personal bond—tantamount to embezzlement. Magistrate Judge McCarthy admitted she lacked jurisdiction but proceeded anyway. Judicial Bias and Conflict of Interest: Judge Vincent L. Briccetti has called Applicant a “Jerk” in open court, compared him to a “child molester,” and owns stock in TBM/Kyndryl, a company connected to the alleged victim. Recusal is mandatory. See Liteky v. United States, 510 U.S. 540 (1994); 28 U.S.C. § 455. Irreparable Harm: Forcing trial under these conditions violates due process and the Sixth Amendment, creating harm that cannot be remedied later. See Elrod v. Burns, 427 U.S. 347 (1976). BALANCE OF EQUITIES The Government suffers no prejudice from delay. Applicant, however, faces unlawful trial and conviction in a court that lacks jurisdiction. The public interest favors ensuring constitutional protections are upheld before trial proceeds. RELIEF REQUESTED Applicant respectfully requests that Justice Sotomayor issue an immediate stay of proceedings in the Southern District of New York, Case No. 7:24-cr-00278, pending resolution of interlocutory appeals in the Second Circuit (Nos. 24-3005 and 25-1567). Respectfully submitted, Dated: August 17", 2025 | \ VY « { Vincent N. Cannady, Pro Se Applicant 17472 S 2950 Road El Dorado Springs Missouri 64744 In The Supreme Court of the United States UNITED STATES OF AMERICA, v. VINCENT N. CANNADY, Defendant—A pplicant. ON APPLICATION TO THE HONORABLE SONIA SOTOMAYOR, ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SECOND CIRCUIT EMERGENCY APPLICATION FOR STAY PENDING APPEAL Vincent N. Cannady Pro Se Applicant 17472, S 2950 Road El Dorado Springs Missouri 64744 Service on: Solicitor General of the United States United States Department of Justice 950 Pennsylvania Avenue, NW, Room 5614 Washington, DC 20530 (202) 514-2203 SUPREME COURT OF THE UNITED STATES UNITED STATES OF AMERICA, Vv. VINCENT N. CANNADY, EMERGENCY APPLICATION FOR STAY PENDING APPEAL To the Honorable Sonia Sotomayor, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Second Circuit