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Donald Anthony Roderick v. United States

IFP petition · United States Court of Appeals for the Fourth Circuit, No. 25-6398 · judgment September 23, 2025


Certiorari denied · May 4, 2026

Questions presented

  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.

Counsel of record

For petitioner
Donald Anthony Roderick

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

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