No. 23-5922

Maxwell Chibueze Ezenwa v. United States

Lower Court: Fifth Circuit
Docketed: 2023-10-31
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

07/06/2016, altered to 07/07/2016 by A warrantless arrest made on a Harris County Sheriff Sergeant who issued a "Pocket Warrant", trespassed movant's office, arrested movant, confiscated movant's office keys, removed $13,026.00 in cold cash, 2,000 US First Class Postage Stamps worth .48 cents each,totalling $9,600.00, an internet blue log book containing five open uncashed checks amounts to un reasonable search and seizure. Movant was charged for credit card fraud for accepting credit card payments at his business from customers. The government alleged fraud of $75,000.00, set a bond of $100 K at this time, later issued a superceding indictment for the same charges and set a second bond for $100 K. These two separate charges were dismissed at the pretrial stages by Hon Judge Kelli Johnson of 178th Judicial District Court of Harris County. The same Superceding Indict- -ment and disallowed court proceedings were later introduced by Ms Christine Jiadai LU, the pretrial assistant district attorney in Houston Federal Court. Movant proceeded to trial in Federal Court on november 2019 and was convicted in 2021.

QUESTION FOR THE SUPREME COURT : Is the "Pocket Warrant" used in a Federal prosecution in violation of the Fourth Amendment warrantless arrest, (2) Statute of limitation, (3) Double Jeopardy, (4) Violation of Eight Amendment, (5) Violation of the Fourteenth amendment ?.

Whether trial counsel was constitutionally ineffective for fail-ing to investigate the pocket warrant and failure to identify, use the recorded office arrest exculpatory voice recording of a potential government agent Ms Sophia Curtis, as defense witness * Counsel^ failure to address the mistakes in the Superceding Indictment, discuss, advice, object to the inaccuracies in the PSI and correct and make recommdations by objecting to those inaccuracies by the United States Probation Department.

NO : 1 -NO 2 : Can a Federal Court ignore the finality of a state court judgment, accept a County Sheriff Pocket Warrant, use its perju- -red oaths or affirmations, in complaint and indictment aborted at the pretrial procedings twice with high bail of $100 k each time for a wire acccusation of $75 k, and allow a Federal agent to attest to the warrant self issued by a Sheriff Deputy instead of an authorized State Magistrate of Records. Is it a fraudulent legal process when Due processes are violated for law enforcement convenience and misconducts.

NQ-JL- : Can a citizen be tried with Police warrantless arrest , prosecutorial and Judicial misconducts where a Judge sealed exculpatory testimonies and witnesses for the defense coupled with arrest history that violated Fourth, Fifth, Sixth, Eight Amendments Rights of the United States Constitution.

NO- 4 : If Attempt, Conspiracy and Fraud are used in Mail Fraud and Wire Fraud where there is no INTENT to defraud the United States, known or unknown business partners, CONVICTIONS should be based on proof, not inferences/ assumptions. The sealed test-imonies amounts to the denial of right of CONFRONTATION and Equal Protection of the Laws.

If a business can be singled out for prosecution of Credit card fraud for acceptance of payments for goods and services and charged in a State Court, while other businesses that accepted the same credit cards were not charge

Question Presented (AI Summary)

Whether the warrantless arrest, statute of limitation, double jeopardy, Eighth Amendment violation, and Fourteenth Amendment violation were properly addressed

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-03
Waiver of right of respondent United States to respond filed.
2023-10-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2023)

Attorneys

Maxwell C. Ezenwa
Maxwell Chibueze Ezenwa — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent