No. 18-5997

Francisco Burciaga v. United States

Lower Court: Tenth Circuit
Docketed: 2018-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-conviction criminal-law drug-classification drug-policy due-process heroin-hydrochloride innocence legal-ambiguity pharmaceutical-industry prosecutorial-discretion sentencing statutory-interpretation vagueness
Key Terms:
SocialSecurity
Latest Conference: 2018-10-12
Question Presented (from Petition)

All University Englh Dictionaries define/describe as follows:
heroin— a derivative of morphine
morphine— a derivative of opium
What is heroin hydrochloride?
For five years this petitoner begged court appointed attorney's
to assist in this question. and none assisted. After sentencing,
direct appeal, a dismissal of a 2255 and during the pendency of a
C.O.A. this petitioner could only assume that heroin hydrochloride
was in fact morphine. Petitioner after submitting his C.O.A found
case law in all Circuit Courts of the United States that define/
describe heroin hydrochloride as a derivative of opium.
Whatis heroin hydrochloride?
Is this petitioner actually innocent of the charge, is this petitioner,
wrongfully convicted when the U.S. Attorney used the specific word
heroin in jury trial which led to (alleged) conviction?
Question? Is 21 U.S.C. 841 (b)(1)(A)(i) patently ambigous with the
specific intent of vagueness?
Why is heroin hydrochloride not listed in any U.S. charging
instrument? Not in Title 21 , Not in Title 18, Not in U.S.S.G.
Why are Pharmaceutical Drug companies given fines that
amount to nothing in comparison to their assets and profits
for (dumping) distributing large amounts of heroin hydrochloride?

Question Presented (AI Summary)

What is the legal status of heroin hydrochloride?

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2018)

Attorneys

Francisco Burciaga
Francisco Burciaga — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent