No. 21-6621

Valentine Okonkwo v. United States

Lower Court: Eleventh Circuit
Docketed: 2021-12-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment administrative-search criminal-prosecution dea dea-inspection due-process forfeiture-judgment prescription-fraud warrant writ-of-audita-querela
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-01-21
Question Presented (from Petition)

1. Did the lower court err for ruling that an administrative search, without a warrant, ostensibly conducted by a DEA Diversionary inspector was lawful to be utilized for a criminal prosecution?

2. Did the lower court erroneously apply the law by using a total amount of 563,000 Oxycodone pills dispensed for legitimate and illegitimate purposes to determine Petitioner's years of imprisonment instead of 120,829 of Oxycodone pills which a DEA inspector testified were filled with fraudulent prescriptions?

3. Did the lower court err for not making the writ of audita querela available to Petitioner to challenge a forfeiture monetary judgment when his counsel did not contest it at trial and direct appeal?

4. Did the lower court misapply the law for permitting Petitioner's innocent and untainted personally legitimately earned money to be seized by the United States' Government in partial fulfillment of a forfeiture monetary judgment?

Question Presented (AI Summary)

Did the lower court err for ruling that an administrative search, without a warrant, ostensibly conducted by a DEA Diversionary inspector was lawful to be utilized for a criminal prosecution?

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2021-12-30
Waiver of right of respondent United States to respond filed.
2021-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 14, 2022)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Valentine Okonkwo
Valentine Okonkwo — Petitioner