Chris Temple On Line

December 21, 2010

The Hon. William Suter, Clerk

Supreme Court of the United States

Washington, D.C.  20543-0001

RE:  Temple v. Warmer; Case No. 09-8909

         Petition and Plea for Rehearing

Dear Mr. Suter,

            In the spirit of what has been described by one commentator as "...undoubtedly one of the Supreme Court's greatest moments..." I write today to implore you to put this letter and its contents before the Court as my plea for the Court to rehear my Petition for a Writ of Habeas Corpus cited above, and to grant review.

            Gideon v. Wainwright demonstrated that the Court -- when faced with a stark injustice, as well as activities of lower courts that are odious to both the law and any person's sense of justice -- will dispense with usual procedural form for a greater good.  I am begging it to do so now; not only for me, but for the many criminal defendants still sentenced almost daily for crimes they were never convicted of, in contempt of the Constitution and this Court's jurisprudence.

            It is bad enough in my own case that I have already served several times my lawful sentence.  The astonishing thing -- as I have tried to get the Court to see previously -- is that, at sentencing, the judge in my case meticulously calculated what she said was the correct Guideline range per the 7th Circuit's then-decision in U.S.v. Booker, a holding which this Court later affirmed.

            Then she threw it away, and based her sentence on a Guideline range several times higher.

            She cited the current sentencing law she was bound to follow, as is any judge.

            Then she decided to make up her own sentencing law as a means of justifying her actions.

            I respectfully suggest to you and to the Court that the lower courts' continuing, obstinate refusal to afford criminal defendants their rights to both due process of law and to trial by jury (and, in the case of my Petition where the 7th Circuit Court of Appeals is concerned, the right to effective assistance of counsel) is a scandal.  Particularly in looking at my case, if the Court will do so again, it is telling just how smug lower courts are that they can say and do anything they want; and employ tactics, in part, to bar efforts and arguments in opposition to them.

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            I respectfully suggest that it is fairly widely understood that the Government and lower courts continue to treat this Court's several recent decisions on Fifth and Sixth Amendment-protected rights at criminal trials and sentencing pretty much as though they do not exist.  I recall reading oral arguments not long ago in one case where Justice Scalia expressed surprise and disapproval on learning that judges and probation officers' findings -- and not jury convictions or guilty pleas -- remain the basis for unConstitutional sentences.

            I sincerely hope and pray that the Court will now take overdue action.

            In my own case, those dependent on me will now suffer anew -- all because the Government seeks to add additional punishment on top of the grossly excessive and unConstitutional punishment I have already been subjected to.  Those to whom I am indebted due to my past crimes will now be put back into the position of -- instead of receiving some return of what was taken from them -- having to pay the salaries of those who are harming anew their interests as they show contempt for both the rights of criminal defendants and for this Court.  None of these harmful actions would be possible if this Court would intervene.

            I apologize for this entreaty not being in the proper form and all that.  However, I am under intense financial and other pressure anew due to the Government's actions, and simply do not have the ability to do this now.

            I hope the Court will join with me in the spirit of James Madison, who wrote in Federalist No. 51, "Justice is the end of government. It is the end of civil society. It
ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit."

            I will continue to pursue justice -- for myself and others -- whatever the outcome.  I pray that this Court will join me anew in that pursuit.

                                                                        Sincerely yours,

                                                                               /s/

                                                                        Chris Temple

                                                                        1190 Valley Rd.

                                                                        Spooner, WI  54801

                                                                        (715) 939-1200

Enclosed:  1.  Dec. 21, 2010 News Release

                  2. Government's Supervised Release Revocation Petition

                  3.  Temple's Motions/Answers of Dec. 13 and Dec. 20, 2010