No. 19-6202

Manuel Rodriguez-Santana v. United States

Lower Court: First Circuit
Docketed: 2019-10-10
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause
Latest Conference: 2020-01-17 (distributed 2 times)
Question Presented (from Petition)

No. 1 Whether the District Court Violated the Fourth and Fifth Amendment; Federal jlule Criminal Procedure(Rules 3-4) When it Accepjted; an Accusation Without a Probable Cause Affidabit Sworn (Under Oath) to Support a Criminal Complaint by a Federal Agent, to- be Adjudicated by a U.S. Magistrate, as held by the U.S.Constitution Article,II. See: Appendix "B".

No.2 Whether the District Court Viplatpd the .Sixth Amendment? When at trial the Defense Counsel, Submitted a Rule 29,(Eted. Rule Crim. Proc.)Based in Insufficient Evidence Linking ) the Petitioner the Case,: ir Because: thfe First Government Witness When Indicting infront the G.rand Jury, Never Was Able to Provide None Description Nor the Real Name of the Petitioner, and the Second Government's Testified"TKAT HE NEVER SAW THEP5TIT1CNER PARTICIPING NOR TRANSPORTING DRUGS". Being that, the SixthnAmendment Plainly Held That the Evidence Should be f:n i . 1 i Submitted to the Jury and Proved Beyond Reasonable Doubt. /See:* Appeiidi?: "C".

No.3 Whether the Diptripf Court Violated? the Article III,Section 2. Fed.Rule CrinK Procedure, i*and the Supreme Court Provision that held: Before Perfoming Any Judicial Act ip a Criminal Case, Th® Judges Are Mandate By Law to "INSPECT THE (CRIMINAL) COMPLAINT',' to Confirm Whether Article III .jurisdiction Exist. See .Rule 3.: Art . Ill. And International Primate P. League. Vs,. Admin T. Educati on FundVSOO U.S., 72 (1991). See: Appendix '"d" #?(M®tipm Filed at the First Circuit and Just they denied.

No.4_ Whether District Court Violated?the 28 U.S.C. Sections 543,547, and Sect. 3002(15) . Under Section' 543, The Government Attorneys,and ifs Assistants "Shall Take An Oath" to" Execute Faiphfully Their DutyJ Under Sect; 547, The Govemmet Attorney May Only Appear in Dist.C. On Behalf of the Proper *s U.S. Authority; As Holds Art. II. 'Eed^Rule Criip. Proc.(Rule 3) Fourth Amendment and.Fifth Amendment._ _ __ tCi. • i Supme Court,, and Provisions. "NO GENUINE CRIMINAL ACTION,WHEN NO CRIMINAL COMPLAINT! See. Appendix"D-"Motion . Filed. At the First Circuit. ,

No . 5 Whether the District Court Violated?the 28 U.S.C § 1865 That Plainly States: In makipgWhether the District Court Violated?the 28 U.S.C § 1865 That Plainly States: jury qualification the judge of district court Shall Deem any Person qualified to*^ serve on grand or Jfetif juries in the district Unless "he is unable to read and understanding the English Language with a degree of Proficiency to fill out satisfactory the juror qualification form"

Question Presented (AI Summary)

Whether the District Court Violated the Fourth and Fifth Amendment; Federal Rule Criminal Procedure

Docket Entries

2020-01-21
Rehearing DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-06
Petition for Rehearing filed.
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-18
Waiver of right of respondent United States to respond filed.
2019-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2019)

Attorneys

Manuel Rodriguez-Santana
Manuel Rodriguez-Santana — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent