Gilbert Mendez v. United States

1 Whether the Court of Appeals erred by failing to recognize that a U.S. District Court lacks subjectmatter jurisdiction over a criminal prosecution when the plaintiff United States of America is not represented in that court by the United States Attorney or by a validly licensed and properly qualified Assistant United States Attorney. 2. Whether the Court of Appeals erred by failing to recognize that a felony prosecution violates the due process guarantee of the Fifth Amendment when it gives the appearance of impropriety because the counsel for the plaintiff United States of America knowingly and willfully perpetrated a fraud upon the trial court and the defendant when he falsely represented himself to possess a valid law license and where his employer, the United States Department of Justice, was grossly negligent by never making any reasonable attempt to verify independently that he was entitled to appear and practice before that trial court.