No. 19-6698

Amon Rweyemamu Mtaza v. United States

Lower Court: Fifth Circuit
Docketed: 2019-11-20
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 4th-amendment civil-rights conflict-of-interest due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel involuntary-consent plain-view-doctrine probable-cause search-and-seizure sixth-amendment venue-defense wire-fraud
Key Terms:
HabeasCorpus Immigration Privacy
Latest Conference: 2020-03-20 (distributed 2 times)
Question Presented (from Petition)

1. Whether jurists of reasonable mind would debate that counsel was ineffetive
in violation of Sixth amendment for failure to investigate and litigate Fourth
Amendment violation and failure to investigate venue defense, Factual defense
where there was no probable cause to arrest?litigation of Fourth Amendment
would have left Government without any evidence to support the charges, and
further investigation would have revealed that petitioner did not commit wire
fraud, and since 5-sheets of paper seized from him did not contained any Social
Security Numbers (SSNs) which is required to file a federal tax returns, and
case Agent lied "perjury testimony' before the grand jury and the court that
said 5-sheets contained SSNs, and availability of the venue and factual defense
would have enable petitioner or a reasonable person in his position to make
decision in favor of trial.

2. In our justice system to what extent an attorney's personal conflict of
interest should be tolerated. Whether jurists of reasonable mind would debate
that counsel labored under conflict of interest and Certifivate of Appealabil
ity (COA) should have been granted where government bribed defense counsel
with petitioner's Rnge Rover, and because of bribe, counsel failed to investi
gate, while having several plausible line of defense, and just coerced and
induced guilty plea, despite physical evidences showing innocence of petitioner?

3. In this wire fraud case, petitioner raised several claims of ineffective
assistance of counsel and presented evidence, exhibits and affidavits but
district court failed to address the merit of claims and failed to review-'
evidences,exhibits and affidavit and denied the 28 U.S.C. § 2255 motion only
based on affidavits of the counsel in which counsel had failed to address all
claims. Whether court of Appeals should have remanded the case back to district
court to address the merits of all claims, or granted COA automatically on those
claims .

Question Presented (AI Summary)

Whether the petitioner's Fourth Amendment rights were violated by an unlawful arrest, unlawful search and seizure, and involuntary coerced consent

Docket Entries

2020-03-23
Rehearing DENIED.
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Petition for Rehearing filed.
2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-13
Waiver of right of respondent United States to respond filed.
2019-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 20, 2019)
2019-08-28
Application (19A233) granted by Justice Alito extending the time to file until November 16, 2019.
2019-08-22
Application (19A233) to extend the time to file a petition for a writ of certiorari from September 17, 2019 to November 16, 2019, submitted to Justice Alito.

Attorneys

Amon R. Mtaza
Amon Rweyemamu Mtaza — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent