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Joseph Jenkins v. United States

IFP petition · United States Court of Appeals for the Second Circuit, No. 19-3381 · judgment November 2, 2020


Certiorari denied · October 4, 2021

Question presented

I On third direct appeal, did the fractionally different appellate Panel plainly err by failing to force district court compliance (mandate rule) with the original (majority) panels published, now widely cited (including by this court) opinion and order; violating both laws of the case and circuit by imposing a longer term of imprisonment and harsh supervised release than ordered in the first direct appeal, affecting my substantial due process rights? II Does the (vehemently) dissenting minority judges reappearance on a subsequent appellate panel, affirming a non-compliant judgment with language and views very similar to the original dissent; convey an appearance of impropriety and panel shopping? Ill Do the accumulative judicially biased errors (causing me to linger in the prison system longer than decided in the first appeal) within this widely cited case require reversal, for more meaning­ ful appellate review; to maintain integrity of the process, uniformity of decisions thus preserving public reputation and the appearance of justice?

Counsel of record

For petitioner
Joseph Vincent Jenkins

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jul 01 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Jun 23 2021
    Waiver of right of respondent United States to respond filed.
  4. Jun 15 2021
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2021)