No. 23-6375

Mark E. Sells v. United States

Lower Court: Tenth Circuit
Docketed: 2023-12-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure circuit-court-precedent constitutional-rights dismissal-of-appeal due-process federal-rules-of-appellate-procedure plea-agreement supreme-court-precedent tenth-circuit-court united-states-supreme-court-law
Latest Conference: 2024-01-19
Question Presented (from Petition)

Question #1: Did the United States Tenth Circuit Court of Appeals, violate Sells' Right to 'Due Process' and 'access to a Court of Law' guaranteed by Amendments: V, VI; and XIV, of the United States Constitution, by 'Dismissing' Sells' 18 U.S.C. § 3742 Appeal without adjudication, 'ruling contrary to', and 'making unreasonable application of [United States Supreme Court Law] in Smith v. Barry 502 U.S. 244, 248 (1992) concerning FRAP 1- Rule 3(c)(1)(B), and Haines v. Kerner. 404 U.S. 519-521, 92 S. Ct. 594, 30 L.Ed.2d 652 (1972), for the sole purpose of avoiding having to 'Hear' and adjudicate Sells' lawfully brought [with merit] claim(s), concerning the violation of the 'terms' of Sells Federal 'Plea Agreement' in '04-CR-0057-TCK\ N.D. Okla. (2004), by the indirect effects of 'other' Court rulings, which Sells did not seek to challenge with this filing? This ruling being being 'contrary to other, long established United States Supreme Court law' (Torres v. Oakland Scavenger Qo., 487 U.S. 312, 317, 101 L. Ed. 2D 285, 108 S. Ct. 2405(1988)), as well as being in direct conflict with other 'circuit courts' precedent. See: Smith v Galley 919 E2d 893, 895 (1990).

Question Presented (AI Summary)

due-process-access-to-court

Docket Entries

2024-01-22
Petition DENIED.
2024-01-04
DISTRIBUTED for Conference of 1/19/2024.
2024-01-02
Waiver of right of respondent United States to respond filed.
2023-12-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 26, 2024)

Attorneys

Mark E. Sells
Mark E. Sells — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent