No. 18-6604

Joseph Jenkins v. United States

Lower Court: Second Circuit
Docketed: 2018-11-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights court-reporters-act court-transcript due-process judicial-misconduct perjury perjury-by-exclusion qualified-retirement retirement-savings sentencing sentencing-discretion
Latest Conference: 2018-12-07
Question Presented (from Petition)

Can "catchall phrases" form a basis for a 'perjury by exclusion' indictment and conviction in the absence of precise questioning, open court transcripts under duress and extenuating circumstances; Is 'perjury by exclusion' an actual of fense?(When the information sought remains 'unknown' to date?)

II Is due process violated when a district court fails to comply with the Court Reporters Act (losing exact portion of transcript in open court); Allows the presiding magistrate judge and other government employees to provie a•]ernate facts and supplemental evidence to a jury in it's place; Thus concocting a "perjury" charge and obtaining a conviction, by 'perjury trap'?

III Would an unexplained, non-mandatory consecutive sentence added to a sentence determined to be (subs tantiv elyuneaeoatle). "shockingly high," "excessive," "far overboard" where the appellate court judges actually stated "it was not possible to understand why the sentence was imposed," Automatically render the sentence substantively unreasonable and needlessly harsh?

IV Does a district courts consideratibnof qualified retirment savthgsfor immediate use in paying attorneys, fines, restitution, among other things place unfair hardship(s) on a defendant; When the defendant is not eligible to withdraw the funds (under 65) subject to. fines, penalties, taxes and fees ranging from 30% to 50% or more under certain conditions; Can it be. mandated?

Question Presented (AI Summary)

Question not identified

Docket Entries

2018-12-10
Petition DENIED.
2018-11-21
DISTRIBUTED for Conference of 12/7/2018.
2018-11-14
Waiver of right of respondent United States to respond filed.
2018-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 7, 2018)

Attorneys

Joseph Jenkins
Joseph Vincent Jenkins — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent