No. 25-7130

Donald Anthony Roderick v. United States

Lower Court: Fourth Circuit
Docketed: 2026-04-01
Status: Pending
Type: IFP
Response WaivedIFP
Tags: extraterritorial-jurisdiction ineffective-assistance-of-counsel military-jurisdiction procedural-default subject-matter-jurisdiction UCMJ
Latest Conference: 2026-05-01
Question Presented (from Petition)

1. Whether a defendant can be procedurally barred from raising ineffective assistance of counsel claims before a court that lacked jurisdiction to hear the case.

2. Does a jurisdiction limiting clause in a statute only apply if the statute is charged?

3. Does the weight of a jurisdictional question allow for a bypass of any time bars?

4. Can a question of a court's jurisdiction be muted by a claim of procedural default?

5. Can a proceeding be time barred if the imposing court never had the power to bring / prosecute a given charge?

6. As established, jurisdiction of a court is the first element examined before a court proceeds. When a question pertaining to the jurisdiction of a lower court is brought to the appellate court is that to be included in the primary examiriation of elements?

7. When is a deployed, active member of the Armed Forces not subject to MEJA and/or UQ1J?

8. Does 18 USC §2252A have extraterritorial reach to include active military personnel located overseas in Poland?

9. Whether 18 USC §2252A apply to conduct that occurs in Poland when an individual pngagps in the criminal conduct not on any land controlled by the U.S. government.

10. Does a charge under 18 USC §2252A allow the courts to disregard clear directives (statutes) from Congress; if so, is the unsolicited receipt of child pornography in a foreign country a crime that allows the courts to ignore Congress directives as outlined in 18 USC §3261(d); if not how is the restriction on the district court dismissed by the district court when a defendant falls squarely within the class in 18 USC §3261, and as such was supposed to have the charge heard pursuant to the UCMJ.

Question Presented (AI Summary)

Whether a defendant can be procedurally barred from raising ineffective assistance of counsel claims before a court that lacked jurisdiction to hear the case, and whether 18 USC §2252A has extraterritorial application to active military personnel located overseas in violation of jurisdictional limitations under 18 USC §3261(d) and the Uniform Code of Military Justice

Docket Entries

2026-04-16
DISTRIBUTED for Conference of 5/1/2026.
2026-04-08
Waiver of United States of right to respond submitted.
2026-04-08
Waiver of right of respondent United States to respond filed.
2025-12-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2026)

Attorneys

Donald Anthony Roderick
Donald Anthony Roderick — Petitioner
United States
D. John SauerSolicitor General, Respondent