No. 18-9111

El-Sayyid Nosair v. United States

Lower Court: Second Circuit
Docketed: 2019-05-02
Status: Rehearing
Type: IFP
Response WaivedRelisted (2)IFP
Tags: apprendi-v-new-jersey blakely-v-washington civil-rights constitutional-rights due-process equal-protection hurst-v-florida judicial-review muslim-arab-prisoners prisoner-rights pro-se-litigation sentencing terrorism united-states-v-o'brien wrongful-conviction yick-wo-v-hopkins
Latest Conference: 2019-11-08 (distributed 2 times)
Question Presented (from Petition)

WHETHER THE DENIAL OF EQUAL JUSTICE BY LOWER COURTS IS STILL WITHIN THE PROHIBITION OF THE CONSTITUTION AS THIS COURT HELD IN YICK WO v. HOPKINS IN 1886, AND WHETHER THIS COURT HAS MORAL AND LEGAL OBLIGATIONS TO INTERFER WHEN THE LOWER COURT' HOUSES DOORS WERE UNJUSTLY CLOSED FOR THE MUSLIM AND ARAB PRISONERS, SUCH AS THIS PRO SE PETITIONER, WHO SOME OF THEM WERE WRONGFULLY CONVICTED OF TERRORISM CHARGES OR RECEIVED MUCH MORE SEVERE PUNISHMENTS THAN NON MUSLIM PRISONERS OR UNJUSTLY RECEIVED ADDITIONAL PUNISHME1TS FOR THE CHARGES IN WHICH THE JURY FOUND THEM NOT GUILTY OF, AS THE CASE WITH THIS PRO SE MUSLIM PETITIONER, IN VIOLATION OF THE WELL-ESTABLISHED CASE LAW OF THIS COURT INCLUDING BLAKELY v. WASHINGTON, AND WHEN THE LOWER COURTS UNJUSTLY DEPRIVED THIS MUSLIM AND AN ARAB PETITIONER OF ALL MEANS WHICH ARE AVAILABLE TO OTHERS FOR HIS CASE TO BE HEARD AND DEFIED THIS COURT RULINGS APPLIES TO HIM WITHOUT PROVIDING HIM WITH THE REASONS WHY SUCH RULINGS ARE BEING APPLIED BY SAME COURTS TO OTHERS BUT NOT HIM, INCLUDING THIS COURT RULINGS ON: BLAKELY v. WASHINGTON, 542 U.S. 296, 303 (2004)("THE MAXIMUM SENTENCE A JUDGE MAY IMPOSE SOLELY ON THE BASIS OF THE FACTS REFLECTED IN THE JURY VERDICT OR ADMITTED BY THE DEFENDANT"); APPRENDI v. NEW JERSEY, 530 U.S. 466 2 494 (2000)("ANY FACT THAT EXPOSES THE DEFENDANT TO A GREATER PUNISHMENT THAN THAT AUTHORIZED BY JURY'S GUILTY VERDICT IS AN ELEMENT THAT MUST BE SUBMITTED TO A JURY"); HURST v. FLORIDA, 193 L.Ed.2d 504 (2015)("THE SIXTH AMENDMENT PROVIDE THAT IN ALL CRIMINAL PROSECUTION, THE ACCUSED SHALL ENJOY. THE .RIGHT TO SPEEDY AND..PU.BLIC.TRIAL BY AN IMPARTIAL JURY. THIS RIGHT, IN CONJUNCTION WITH THE DUE PROCESS CLAUSE REQUIRES THAT EACH ELEMENT OF CRIME BE PROVED TO A JURY BEYOND A REASONABLE DOUBT"); UNITED STATES v. O'BRIEN, 560 U.S. 218 (2010)("JUDGE-FOUND SENTENCING FACTOR, CANNOT INCREASE THE MAXIMUM SENTENCE A DEFENDANT MIGHT OTHERWISE RECEIVE BASED PURELY ON THE FACT FOUND BY JURY") ;AND ALLEYNE v. UNITED STATES, 133 S.Ct. 2151 2213 (2013)(couRTS CANNOT IMPOSE A SENTENCE BASED ON FACTS THAT INCREASE THE PERMISSIBLE PUNISHMENT UNLESS SUCH FACTS HAVE BEEN ADMITTED OR FOUND BY THE JURY").

WHETHER THE FIRST AND FIFTH AMENDMENTS TO THE U.S. CONSTITUTION AND THE SOUND JUDICIAL PRACTICE IMPOSES MORAL AND LEGAL OBLIGATIONS ON LOWER COURTS TO PROVIDE PRO SE LITIGANTS, SUCH AS THE PETITIONER, REASONED DECISIONS FOR DENYING

Question Presented (AI Summary)

Whether the denial of equal justice by lower courts is still within the prohibition of the Constitution

Docket Entries

2019-11-12
Motion for leave to file a petition for rehearing filed by petitioner DENIED.
2019-10-23
Motion DISTRIBUTED for Conference of 11/8/2019.
2019-10-16
Motion for leave to file a petition for rehearing filed by petitioner.
2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-05-09
Waiver of right of respondent United States to respond filed.
2019-04-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 3, 2019)

Attorneys

El-Sayyid Nosair
El-Sayyid Nosair — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent