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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT :=: Case No. "" (J') ....... In RE: Shane Christopher Buczek = r.... " ORIGINAL (")'" ;0 or- '-' err. fn c r'q .. ) ;:0'::::; I N (j -l=':: oell 0 rn ""'10 -'0 :t> "1 :x < ""':J2: PETITION FOR WRIT OF MANDAMUS -00 m W n1Pi CJ Pursuant to Fed.R.App.P. 21(a) » w ., r- (JJ Petitioner, Shane Christopher Buczek respectfully moves this Honorable Court to issue an "Extraordinary Writ" (Mandamus) directing the District Court for the Western District of New York (Buffalo Division) (Judge William H. Skretny) to dismiss the case of United States of America v . Shane Christopher docket and 1 :09-crOOI21.001 (WDNY) asserting the District Court was without subject matter jurisdiction to hear, consider or adjudicate the matter. Statement of the Case: The instant petition results from Petitioner's conviction on one count of bank fraud, in violation of 18 U.S.c. § § 1344 without FDIC certificate enter into to evidence during trial lacking subject matter jurisdiction in this matter (Count One of docket: 1:09..CROOI2 1.001 ) WDNY, and one count of committing an offense while on pretrial release, in violation ofl8 U.S.c. §§ 3147 (Count Two 1 :09- CR00121.00l). Count Two was predicated on a separate violation of 18 U.S.C. §§ 1028(a) (4), possession of a false identification document, on which Petitioner had been previously indicted and later pled guilty in the absence of counsel. On November 5, 2010, the district court sentenced Petitioner to a 1 Case: 12-5017 Document: 1-1 Page: 1 12/20/2012 801664 85 1 of 87
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Petition.mandamus.12 5017

Nov 08, 2014

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT :=:Case No. "" (J') .......In RE: Shane Christopher Buczek = r...."ORIGINAL (")'" ;0 or- '-' err. fncr'q ..);:0'::::;I N (j-l=':: oell 0 rn ""'10 -'0:t> "1 :x