No. 18-6034

In Re Gregory Wayne Burwell

Lower Court: N/A
Docketed: 2018-09-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction
Latest Conference: 2018-10-05
Question Presented (from Petition)

Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case entitled United States of America v. Gregory Burwell, Criminal No. (CR-03-203), when it convicted and sentence Burwell on a forged manufactered second superseding indictment that was not returned and issued by a sittirg empanelled federal grand jury, in violation of Federal Rule of Criminal Procedure 6 and the Fifth Amendment.

Whether the District Court had subject matter jurisdiction to convict and sentence the Petitioner to 32 years for two non-existant federal firearm offenses that all the parties involve in Petitioner's case knew was not crimes under federal law.

Question Presented (AI Summary)

Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case

Docket Entries

2018-10-09
Petition DENIED. Justice Kagan and Justice Kavanaugh took no part in the consideration or decision of this petition.
2018-09-25
Waiver of right of respondent UNITED STATES to respond filed.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-05-08
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Gregory Wayne Burwell
Gregory W. Burwell — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent