No. 19-6883

Donald Brian Winberg, et ux. v. United States

Lower Court: Tenth Circuit
Docketed: 2019-12-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-law due-process patent standing statutory-interpretation takings
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-01-10
Question Presented (from Petition)

1. Is a farmer committing' 'fraud"(l8 U.S.C. §1343) when he sells
his "future goods" crop (UCC §2-105) on a '.'future goods" contract,
and accepts a deposit, He plants the crop, but the crop dies
a state wide drought,, and there is only 10% of the crop
supplied? Can the government indict .the farmer, and claim that
this was a.scheme intended-to defraud with fraudulani pretenses,
imprispnithe farmer and force their children into adoption?
18 U.S.C, §1343 mandates that this is illegal.
UCC §2-105 mandates that this practice is hot illegalin

2. Is prosecutorial misconduct achived and warrant §2255 denyal/
reversal, When the prosecuting and arresting FBI officer's
investigation varifyably arose from an ex-congressmans sinister
plan to terminate his $2,000,000 civil judgment through corruption
and political influance , got . this same - FBI agent to indict and
imprison the judgments beneficiaries?

3.1s it prosecutorial misconduct in the Tenth circuit, when the
FBI arranges suggestive circumstances-leading.to the witnesses
identifying particular person as perpetrating a crime. (18 U.S.C, §1343)

4,Is it inneffective assistance of counsel when counsel's
economic power compels the defendant to sign a plea agreement
involuntarily, is §2255 reversal warranted?

Question Presented (AI Summary)

Whether the district court erred in dismissing petitioner's complaint for lack of standing to challenge the constitutionality of the challenged statute

Docket Entries

2020-01-13
Petition DENIED.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-18
Waiver of right of respondent United States to respond filed.
2019-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2020)

Attorneys

Donald Brian Winberg, et ux.
Donald Brian Winberg — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent