No. 21-6948

Robert Earl Ramseur v. United States

Lower Court: Fifth Circuit
Docketed: 2022-01-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment
Latest Conference: 2022-02-25
Question Presented (from Petition)

1. Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing without resubmission to the Grand Jury, United States v. Kearney 444 F. Supp. 1290, 1295(SDNY 1978) citing Russell v. United States, 369 U.S. 749, 82 S. Ct. 1038, 8 L.Ed. 2d 240(1962)?

2. Is it prosecutorial vindictiveness to withhold the documentation showing the self-surrender location at sentencing and the designation date?

3. Is it ineffective assistance for Counsel to request deferment of the sentence start date without consulting with the defendant?

5. Is it a violation for special agent David Williams to be inside of the courtroom during trial called as a witness?

6. Is it a violation for special agent David Williams to be on the witness stand without being sworn in under oath?

7. Is it Perjury and Obstruction of justice for special agent David Williams to state that he did not ask the defendant for any firearms inside of his home and take it in violation of the 2nd Amendment without a warrant in violation of the 4th Amendment?

8. Is it Perjury and obstruction of justice for special agent David Williams to lie by saying that he and several others did invade the privacy of my home by breaking the front door while my fiance and I were asleep?

9. Is it perjury and obstruction of justice for the U.S. Marshall to say that he stopped me in traffic when in fact it was inside private parking garage of my fiance's apartment complex?

10. Is it a violation to search the vehicle after making arrest without having a probable cause nor a search warrant?

11. Is it prosecutorial vindictiveness to refuse to give the defendant information of when and where to self-surrender when he visited the Pre-trial officer(a new pre-trial officer replaced the original pre-trial officer Miss Lanita Lars who was much more professional during her time as the defendant's officer)?

12. Is it perjury for the Pre-trial Officer to lie on the witness stand during the bond-hearing by stating that the defendant did not ask for the information of when and where to self-surrender?

13. Is it illegal to convict an innocent person who did not know his status as a felon being a first time offender, having never served a term of imprisonment exceeding one year, not knowingly in possession of a firearm(rusty and not tested), and not affecting commerce(handgun legally purchased more than 10 years prior as well as having a concealed handgun license)?

14. Is it prosecutorial vindictiveness and a violation of the 8th Amendment to:
1. Exceed the statutory maximum of 3 years in case #18-11591 by charging more than one offense in a single count(Rule 8(a) base upon a lie of "pocketing" in order to make it 5 years,
2. to add 4 more years after trial proceedings and sentencing by bringing a superseding indictment without being on "supervised release",
3. to falsely accuse the defendant of obstructing justice because he simply spoke the truth?

Question Presented (AI Summary)

Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing-without resubmission to the Grand Jury?

Docket Entries

2022-02-28
Petition DENIED.
2022-02-10
DISTRIBUTED for Conference of 2/25/2022.
2022-02-04
Waiver of right of respondent United States to respond filed.
2021-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2022)

Attorneys

Robert Ramseur
Robert Earl Ramseur — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent