Emergency Application — Saaed Moslem, Applicant v. United States

Supreme Gouc US:

FILED

NOV 25 2024

a OFFICE OF *HE CLERK

No.

In The

United States Supreme Court

Saeed Moslem, Pro Se Appellant

Vv.

United States of America, Appellee

Emergency Motion for Stay and Immediate Relief

From the Order of the United States Court of Appeals for the Second Circuit

Docket Numbers:

22-2789 (L), 22-2790 (Con.), 23-6621 (Con.), 23-7144 (Con.), 23-7151 (Con.), 23-7709

(Con.), 24-543 (Con.)

Date of Order Denial: November 22, 2024

Relief Sought:

Immediate relief from the denial of transportation to attend oral arguments

scheduled for the week of December 9, 2024.

Submitted by:

Saaed Moslem

Pro Se Appellant

FCI Fort Dix

P.O. Box 2000

Joint Base MDL, New Jersey 08640

Date: November 25, 2024 RECEIVED

NOV 27 2024

QUeReme COUNT US

Emergency Motion for Stay and Immediate Relief

Appellant: Saaed Moslem

Respondent: United States of America

Second Circuit Docket Nos.: 22-2789 (L), 22-2790 (Con.), 23-6621 (Con.), 23-7144

(Con.), 238-7151 (Con.), 23-7709 (Con.), 24-543 (Con.)

To the Honorable Justice Sonia Sotomayor,

Saaed Moslem, pro se appellant, respectfully submits this emergency motion

seeking immediate relief from the United States Court of Appeals for the Second

Circuit’s order dated November 22, 2024, which denied his motion for

transportation to attend oral arguments.

Background

Current Status: Appellant is incarcerated at FCI Fort Dix, NJ.

Scheduled Oral Arguments: The Second Circuit has scheduled oral arguments for

the week of December 9, 2024.

Previous Motion: On October 28, 2024, appellant filed a motion requesting

transportation to attend oral arguments in person, which was denied on November

22, 2024. The Second Circuit summarily denied appellant's motion without

explanation.

Grounds for Emergency Relief

I) Right to Be Present at Critical Stages:

The right to be present at all critical stages of criminal proceedings is fundamental

and protected by the Due Process Clause of the Fifth and Fourteenth Amendments.

Kentucky v. Stincer, 482 U.S. 730, 745 (1987); United States v. Gagnon, 470 U.S.

522, 526 (1985).

Oral arguments are a critical stage where appellant’s presence is essential to clarify

issues and respond to judicial inquiries. United States v. Birrell, 482 F.2d 890, 892

(2d Cir. 1973).

IT) Right to Self-Representation:

The Sixth Amendment guarantees a defendant’s right to conduct his own defense,

extending to appellate proceedings. Faretta v. California, 422 U.S. 806 (1975);

United States v. Morales, 498 F.3d 99, 102 (2d Cir. 2007).

III) Access to Courts:

Prisoners have a constitutional right of access to the courts, including presenting

claims effectively. Bounds v. Smith, 4380 U.S. 817 (1977). Denying appellant’s

presence could infringe upon this right.

IV) Presence in Post-Conviction Proceedings:

The Second Circuit recognizes a defendant’s right to be present in certain postconviction proceedings, emphasizing their ability to contribute meaningfully. United

States v. Arrous, 320 F.3d 355, 361 (2d Cir. 2008).

V) Due Process Considerations:

Applying the balancing test from Mathews v. Eldridge, 424 U.S. 319 (1976),

appellant’s private interest in attending oral arguments outweighs any

administrative burden associated with transportation.

Relief Sought

Appellant respectfully requests that this Court:

A- Issue an emergency stay of the Second Circuit’s order denying transportation.

B- Order the United States Marshals Service or other appropriate authority to

transport appellant from FCI Fort Dix to the Second Circuit for oral

arguments.

Conclusion

For these reasons, appellant respectfully requests that this Court grant this

emergency motion to protect his constitutional rights and ensure fair

administration of justice.

Pro Se Appellant

FCI Fort Dix

P.O. Box 2000

Joint Base MDL, New Jersey 08640

Date: November 25, 2024

Case 22-2790, Document 220, 11/22/2024, 3637462, Paget of 1

UNITED STATES COURT OF APPEALS

FOR THE

SECOND CIRCUIT

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at

the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on

the 22"4 day of November, two thousand and twenty-four,

United States of America, ORDER

Docket No. 22-2789 (L), 22-2790

Appellee, (Con.), 23-6621 (Con.), 23-7144

(Con.), 23-7151 (Con.), 23-7709

V. (Con.), 24-543 (Con.)

Mehdi Moslem, Saaed Moslem,

Defendants- Appellants.

Appellant, Saeed Moslem, pro se, moves for transportation to attend oral argument and

for argument time.

IT IS HEREBY ORDERED that the motions are DENIED.

For the Court:

Catherine O’ Hagan Wolfe,

Clerk of Court