No. 22-5846

Michael Pacelli v. United States

Lower Court: Fourth Circuit
Docketed: 2022-10-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-amendment due-process effective-assistance-of-counsel exclusionary-rule fourth-amendment ineffective-assistance jurisdiction search-and-seizure statute-of-limitations warrantless-search
Key Terms:
DueProcess FourthAmendment HabeasCorpus
Latest Conference: 2022-11-18
Question Presented (from Petition)

1. ) Can a law enforcement agency sieze evidence or record private phone
calls without a warrant, and then use the gathered evidence against
a defendant?

2. ) Can a person commit a crime in one jurisdiction and be arrested, charged
and sentenced 1 in a completely different district?

3. ) If a charge against a defendant is dismissed during the plea hearing,
and then dismissed again at the sentencing hearing, can the defendant
still be enhanced for the dismissed charge and still have that charge
appear on his transcript and record?

4. ) If the defendant's counsel did not object to the above three issues,
has the defendant's counsel delivered an effective defense?

5. ) If a defendant has Constitutional errors and Ineffective Assistance
of counsel issues, can the defendant file a 2255 motion after the
year Statute of Limitations has expired?

6. ) If, at the time of sentencing, the District Court judge issues forthone
a sentence without taking into consideration all of the 3553(a) factors,
can the sentence stand as fair and unbiased?

7.) Should the defendant have been allowed an Evidentiary Hearing to
determine whether the evidence was obtained illegally from another
jurisdiction, which would be a violation of the fourth ammendment,
and of the exclusionary rule, in order to moniter phone calls and
sieze personal property?

Question Presented (AI Summary)

Can a law enforcement agency seize evidence or record private phone calls without a warrant, and then use the gathered evidence against a defendant?

Docket Entries

2022-11-21
Petition DENIED.
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-10-27
Waiver of right of respondent United States to respond filed.
2022-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 17, 2022)

Attorneys

Michael Pacelli
Michael Pacelli — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent