No. 18-8581

Robert Nicholas Brooks v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bank-fraud commerce-clause constitutional-rights due-process fifth-amendment grand-jury grand-jury-indictment sixth-amendment subject-matter-jurisdiction tax-fraud venue wire-fraud
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-04-26
Question Presented (from Petition)

Question 1: Whether the Supreme Court is obliged to address and determine whether the District and Appellate Courts violated Petitioner's Fifth and Sixth Amendment Constitutional rights of Due Process by acting in the clear absence of all jurisdiction where looking at the face of the conspiracy indictment clearly failed to state the essential elements and jurisdictional prerequisite of the offense in compliance with the provisions in Title 18 §3231 and §1344 to confer subject matter jurisdiction to the District Court. Or was there a complete usurpation of the District Court's power by the Government's admission that it failed to prove the underlying conspiracy scheme to commit bank fraud?

Question 2: Whether the Appellate Court's abuse of discretion violates Petitioner's Constitutional rights to Due Process for failing to conduct a de novo review and correct the jurisdictional error for the Grand Jury's lack of jurisdiction to indict for criminal offenses that took place solely outside the Grand Jury's district in which it sits, and the territorial jurisdiction of the District Court, as well as the indictment's failure to state an offense in violation of Petitioner's Fifth and Sixth Amendment Right to Due Process?

Question 3: Whether the District Court clearly abused its inherent power and discretion to find want of jurisdiction through the Commerce Clause contained in Article I in order to circumvent the Court's subject matter jurisdiction power contained in Article III, and whether the Panel abused its discretion by disregarding and failing to conduct a de novo review and correct, if necessary, the subject matter jurisdiction challenge that violated Petitioner's Constitutional rights and due process?

Question 4: Whether there was clear and obvious abuse of discretion by the District Court's deliberate constructive amendment of the conspiracy indictment through the jury instruction in order to redact and circumvent the essential elements and jurisdictional prerequisite of the underlying bank fraud conspiracy offense, and whether the Appellate Court's abuse of discretion violated Petitioner's Fifth Amendment rights to indictment by a Grand Jury and due process as well as his Sixth Amendment rights to a jury trial requiring proof beyond a reasonable doubt of the crime charged in the indictment?

Question Presented (AI Summary)

Whether the District and Appellate Courts violated Petitioner's Constitutional rights

Docket Entries

2019-04-29
Petition DENIED.
2019-04-11
DISTRIBUTED for Conference of 4/26/2019.
2019-04-02
Waiver of right of respondent United States to respond filed.
2019-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 26, 2019)
2019-01-09
Application (18A710) granted by Justice Alito extending the time to file until March 11, 2019.
2018-12-30
Application (18A710) to extend the time to file a petition for a writ of certiorari from January 10, 2019 to March 11, 2019, submitted to Justice Alito.

Attorneys

Robert N. Brooks
Robert N. Brooks — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent