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Chimene Hamilton Onyeri v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50483 · judgment May 23, 2025


Certiorari denied · December 15, 2025

Question presented

lOfr REVIEW I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendme nt right to conflict-free counsel where trial counsel billed under the Criminal Justice Act #while also receiving° private payments from the defendant ’s „ t .. IB. I III a K r —-w family, creating a fl] lancial incentive to prolong proceedings and impairing counsel’s 1 1. 1 p£* J*™ j_ , • IO loyalty and effectiy mess at trial? II. Should a writ oj certiorari be granted to determine whether a defendant is denied • iifll iiih his Sixth Amendment right to the effective assistance of counse where trial counsel fails to impeach key law enforcement testimony supporting a search and seizure, fails to prepare the deferdant,_________ J,_______________ to testify, o______ and fails to challenge critical_____ ______ elements of a____ Rico conspiracy charge^ nd the district court denies relief under 28 u! S.C. § 2255 without an evidentiary heari ig. < III. Whether the gb\ emment’s failure to correct false testimony by a law enforcement officer during a suppression hearing and trial, followed by its continued reliance on +1—+ :_______ * * • i________ ______ _____ ____________ • iL- . . r 1 that false testimony in post-trial proceedings, constitutes a violation of due process under Napue v. Illinois, 360 U.S. 264 (1959) warranting a writ of certiorari? IV. Whether a wrjit )f certiorari is warranted to resolve the due process violation and reinforce the goverrment’s duty to correct false testimony? V. Whether a wri □f certiorari is warranted when a defendant is denied his Sixth Amendment right ---------------- o... tc effective assistance of counsel where trial counsel fails to prepare him to testify, leading to unguarded admissions that support the prosecution’s case and undermine the|< efense? VI. Whether a writ of certiorari is warranted when a defendan is denied his Sixth Amendment rightw>» effective assistance of counsel when trial counsel fails to object to a confrontationrc ;ause violation __________ arising from theogovernment o______ ________ ___________ _____ ’s use of out-of-court “tips” identifyingj th 3 defendant and linking him to the offense, without producing the tipster for cross-examination at trial? VII. Whether a wri: of certiorari is warranted when a defendant is denied his Sixth Amendment rightfto effective assistance of counsel when trial counsel fails to move to dismiss a RicolBonspiracy charge that includes a predicate act, attempted murder, not enumerated as] racketeering activity under 18 U.S.C. § 1961(4), thereby allowing the prosecution to proceed on an invalid legal theory?

Counsel of record

For petitioner
Chimene Hamilton Onyeri

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 15 2025
    Petition DENIED.
  2. Nov 26 2025
    DISTRIBUTED for Conference of 12/12/2025.
  3. Nov 19 2025
    Waiver of right of respondent United States to respond filed.
  4. Aug 18 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)