No. 19-6946

In Re Michael Curtis Reynolds

Lower Court: N/A
Docketed: 2019-12-17
Status: Denied
Type: IFP
IFP
Tags: actual-innocence appeal civil-rights civil-rights,due-process,criminal-procedure,senten constitutional-void criminal-appeal due-process federal-procedure habeas-corpus remand statutory-interpretation vagueness void-for-vagueness
Latest Conference: 2020-01-10
Question Presented (from Petition)

1) DOES Diruaya , 138 S.Ct. 1204 (2018), when the Petitioner was on Direct appeal of his
18 U.S.C. §I6(b) Unconstitutional and void argument under Vivas-Ceja , 808 F.3d 719
(7th Cir. 2015) and Baptiste , 841 F.3d 601 (3rd Cir. 2016), require all Counts 1-6,
not merely Count 4- to be reviewed, and this Constitutional error must be corrected,
and quickly, as. applied ab initio, Petitioner would be released since 2005 ?
REMAND IS THUS THE PROPER REMEDY HEREIN.

2) DOES Davis , 2019 US App,LEXIS 1284, when Petitioner on Direct Appeal at the time,
arguing Cardena, 842 F.3d 954 (7th Cir. 2016), which both state that 18 U.S.C.. §924 „
(C)(3)(B) is Unconstitutional and void, apply, should 18 U.S.C. §16(b) tinder Dimaya,
to charges of 26 U.S.C. §5845, require Remand from Appeal for his Counts 5 & 6 ?
REMAND IS THUS THE PROPER REMEDY HEREIN.

3) DOES Rehaif, 139 S.Ct. 2191 (2019) require remand, as the Direct Appeal of a lack of
the essential element of 'knowledge* under 26 U.S.C. §58^jf. coupled with new evidence
of Petitioner*s ACTUAL INNOCENCE , that the Informant held ACTUAL POSSESSION of the
5 &handgrenades after Petitioner left the United States,,and had PLANTED
THEM AS EVIDENCE WITH FBI ASSISTANCE AND APPROVAL , require remand with Instructions
for hearing, as soon as Court may schedule it ?
REMAND WITH INSTRUCTIONS FOR A FULL HEARING IS THE PROPER REMEDY HEREIN.

4) DOES Hull , 456 F.3d 133 (3rd Cir. 2006), which states that *mere possession of a pipe
bomb is not a crime of violence *, [26 U.S.C. §5845], apply to Counts 5 & 6 for this
Petitioner, as they determined Hull prior to conviction of Petitioner, also using
18 U.S.C. §16(b), which is Unconstitutional and void per Baptiste and Dimaya now ?
REMAND WITH INSTRUCTION FOR APPLICATION OF HULL IS THE PROPER REMEDY HEREIN.

5) DOES the fact that either under Dimaya , Bapti ste and Vivas-Ceja, or Dimaya alone,
or Dimaya in combination with Davis and Cardena , which would render all Counts 1-6
Unconastitutional and void, thus Petitioner has been, applying the ab initio holding ,
illegally detained since 2005, require immediate remand with instruction to release ?
REMAND WITH INSTRUCTIONS IS THUS THE PROPER REMEDY HEREIN.

6) DOES F.

Question Presented (AI Summary)

Does Dimaya require all counts to be reviewed?

Docket Entries

2020-01-13
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of habeas corpus is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-10-25
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Michael Curtis Reynolds
Michael Curtis Reynolds — Petitioner