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Josue Garriga, III v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 24-13988 · judgment December 22, 2025


Pending

Questions presented

  1. Did the Appellate Court err when they failed to assign counsel for the "rejected" claims brought forth by the Petitioner's defense counsel in an Ander1s brief?

  2. Did the government meet the burden of proof for the elements of the offense under 18 U.S.C. § 2422, where the Petitioner had no knowledge of the victim's age, and the language describing age presented by the government was removed from the plea agreement by the United States Attorney?

  3. Did the Appellant Court err by not applying the correct:standard under United States v Diaz, 2022 U.S. App. LEXIS 2473 (11th Cir. 2022), by failing to review the sentencing enhancements where there was no evidence to support such enhancements which resulted in a higher sentencing enhancement?

  4. Did the District Court and the Appellate Court err in finding that the "pattern of activity" enhancement was applied when there was only one victim?

  5. Was defense counsel ineffective when they failed to address or object to the government's implied "Obstruction of Justice" for social media communications, such as the "app" "WhatsApp", and was it properly applied when the application software is normally encrypted, will not function without it, and most modern devices use encryption on a regular basis?

  6. Was the Petitioner's Fifth Amendment rights violated when his counsel failed to properly cross examine and object to the victim, when the victim s interview by law enforcement contradicted with the victim's impact statement that was read at sentencing? : - 7. Was the Petitioner's Fifth Amendment rights violated when counsel failed to utilize the statements made to the police by the victim's mother which contradicted earlier statements made by the victim to the police, showing a pattern of behavior that the victim was not as she presented herself?

  7. Did the Court of Appeals err by not appointing counsel after the Anders Brief was filed, as provided by the Sixth Amendment, "in all criminal prosecutions"^ as defined By 28 U.S.C. § 2255?

  8. Is it not a Constitutional right under the Sixth Amendment for appointment of counsel "in all criminal prosecutions", including certiorari on direct appeal to the Supreme Court?

  9. Was the federal government without jurisdictional and Constitutional authority to prosecute the instant case which was fully intrastate, not interstate nor commerce or of economic value?

Counsel of record

For petitioner
Josue Garriga III

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 03 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 31 2026
    Waiver of right of respondent United States to respond filed.
  3. Mar 18 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2026)