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thetawlfoundat · 6 years ago

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SUBJECT: Editorial (Sentencing Reform)

From: Eric Van Buren To: (the company) SUBJECT: Editorial (Sentencing Reform) TITLE: USA v. ME, Contact: Eric Van Buren #11044-068 FCI SCHUYLKILL P.O. BOX 759 Minersville, PA 17954

Date: February 17, 2019 ---------------

` Me v. IT, The Parity of Disparity?

I just finished reading Stephen King's 'IT' and an odd thing happened. As I read this masterpiece the settings in this book, its themes and many characters started reminding me -very compellingly- of today's culture, the Judicial System, Law Enforcement & Federal Sentencing in general. The congruence became so all-consuming it prompted...no, compelled me to write the Following.

I have been languishing in the federal prison's most volatile and violent facilities since 2003. I have been incarcerated due to a "racial disparity". After reading Stephen King's IT, I finally realized that I have been chosen by IT. I have looked into IT's eyes and am being dragged into the deadlights. So what am I talking about?

-Nation of Laws-

We are a Nation of Laws right? Well "Crack" cocaine is not scientifically distinguishable from powder cocaine. There was no empirical study done on "crack" that garnered a distinction between crack & powder cocaine. No, all this was done...well innocuously. Not many people know this. But the Supreme Court does and the U.S. Sentencing Commission does. Yet, I am in prison as if it did not. Although OUR Constitution does not permit one to be punished or sentence based on race; for some odd reason I am being punished based on race. My sentence was 100 times more severe than someone who committed the same offense. All due to 'The Perception Of' a "racial disparity".

Please focus on the words "racial disparity". We are a "Nation of Laws". Pursuant to that narrative we have inherit protections provided to us, per, the U.S. Constitution. Which means, the Law does not allow for an American Citizen to be prosecuted or punished based on race or gender or religious belief. However, I, like Hundreds of Thousands of others, am being punished for just that and nothing more. What IS a racial disparity? Per, my perception it is a disparity in the law based on race. How about you? Its implications are so far reaching no Court will take the necessary step to call it what it truly is. Race-based-sentencing.

- Evidence-

Congress in 1987 promulgated the United States Sentencing Guidelines and enacted a Sentencing Commission to navigate and calibrate the process & procedures of sentencing. They stated this was done because they wanted "uniformity" and fairness in sentencing. Every time I think of that phrase I think of the 50's & 60's south and the uniformity used to subjugate and segregate blacks and the hate and ignorance used so uniformly; to do so. IT was also legal & fair under the color of law.

Since the enactment of the U.S. Sentencing Commission the commission has sent several letters to congress telling them they needed to change the "crack ratio" (which was 100:1) to a ratio of one-to-one. They stated that this would better promote fairness and respect for the law and that the law as it stood (100:1) gave the impression of "racism". Racism is a word I use, however, the word they use is "racial disparity". Think about it. Sentencing a defendant 100 times more severe than another defendant for the same crime gives the "perception" that a disparity exist? Or is it when over 95% of those defendant's are black or a minority is IT the "perception" of racism? I guess this is a case where a reality becomes "perception". Just like in the book IT.

The Supreme Court used this same phrase in a case speaking against the 100:1 ratio (See KIMBROUGH). I can only imagine Ruth Bader Ginsburg, in her fight for women's equality, speaking of gender inequality as the perception of a "gender disparity". Likewise, the Supreme Court as a whole has stopped short -as have all of "Black America"- in calling the "racial disparity" surrounding the "Crack" ratio what it truly is; and that is "race-based-sentencing". Something that is disallowed by our Constitution.

Finally, on this point, eventhough, the U.S. Sentencing Commission was opposed to this law Congress passed, it still took Congress 30 years to change the law. The 100:1 ratio was so egregious many courts -starting from the early 1990's- from coast-to-coast wrote published opinions about the effects the law had on minority defendants, their community and the perception of justice and fairness. District Court judges from New York (See Bannister) to The Western District in Virginia (Charlottesville) (See Carlton N. Luck) to the 9th Circuit (See Restrepo) all have been -over decades- opposed to the use of any "disparity" in "crack" sentencing. Furthermore, many judges -as Justice Kavanaugh- have been opposed to the use of uncharged and acquitted conduct at sentencing. Where they sentence defendants -without a jury finding- to uncharged offenses or offense the jury acquitted a defendant of at trial (See Bell D.C. Cir. 2017).

-Conclusion-

So if you are a Blackman like me. Doing Life & charged with a "crack" offense and sentenced in the early 2000's what do you do? Wait? Write some black politician? Their recent correction (First Step Act), did not eliminate the "disparity" and thereby logically could not have eliminated the "perception of racism". So who do I call? What advocacy group is up in arms about THE most egregious violation of the Constitution and Rule of Law; today? No other crime allows a defendant to be punished even 3 times more severe than someone else who committed the same crime. But if you sold "crack" you have been chosen by IT.

The similarity is stark. In the book IT, people complained about the tragedies only AFTER they happened; sound familiar? However, while IT happened people went into their houses and looked the other way. No one could comprehend IT, its collateral damage or the significance of its detritus. Does that sound familiar aswell?

IT is not made from reality. IT is made to influence the perceptions of our greatest fears. Therefore, our minds cannot fully comprehend IT for what IT really is. So our minds relay an image or semblance of IT that we can associate with and articulate with. Because of this we either act as if IT doesn't exist or accept the egregious for normalcy or turn our minds and backs away from the tragedy. When others are caught up in IT or injured by IT; we may even speak from the darkest depth from inside ourselves and say ( In our own parlance) "they deserved it", "they should have known better" or "better then than me". All of this is just like the book IT. Subsequently, I believe the 'Criminal Justice System' is a creation of IT. This is why I believe it is Me v. IT.

-Eric Van Buren Contributing Writer: Prison-Insider (Paris) Author of: The Art of Winning [email protected]

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thetawlfoundat · 7 years ago

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FOCUS ON US (Kavanaugh, 2A1.1, Camps & Berrett & Ovalles)Catastrophe or Conundrum?

The NEW BLOG ` FOCUS ON US ` (Kavanaugh, 2A1.1, Camps & Berrett & Ovalles) ` Catastrophe or Conundrum?

Greetings!

So I have great news from OUR friend Shon Hopwood of 60 minutes fame. The Law professor from Georgetown and Chairperson for FAMM. I believe it was around 9/12/18 that he told me this but it seems Mitch McConnell has "seen the light". So to speak. He is now willing to call a vote on the First Step Act w/its "limited" SRCA (Sentencing Reform Act) amendments."3 The Hard Way" that is AG Sessions and his "gang" -of tough- on-crime aslong-as-its-toward-minorities cronies- Tom Cotton and Goodlatte and their "BAND OF ALT RIGHT BROTHERS"; want to stiffen and make MORE vague changes to the Guidelines. Luckily for us there is a "CHANGING' climate in this country that will certainly extinguish Some attempts at bringing this legislation to the floor. According to Shon things look much brighter. He believes -from working on Capital Hill- that the SRCA will be added to the FSA and will be passed SOON after November 1st. We will see. Quite a change- if you guy/gals remember- from when he told us WE HAD NO CHANCE. I guess you made the difference. I know I argued tooth and nail for you. Even asked you to take FAMM off your e-mails. so THANK YOU! -------

( Buried Alive Project)

Brittany is about her business. Our Friend Chris Poulos who worked for the former White House Drug Policy Division under Obama has told me that Brittany IS what she says she is. Hard working diligent w/a great heart and for JUSTICE. She had a Sept. 5th meeting at the White House w/ Trump's administration. The White House wants to work w/her about the clemency of Non-Violent drug offenders. The ones Obama's Clemency initiative left behind. Sally Yates White House counsel was behind alot of the denials according to THE TAWL FOUNDATION's investigation. She has also publicly stood behind her decisions to deny 1,000's of qualifying petitions. David Axelrod also agrees w/Sally Yates strategy.

The TAWL FOUNDATION estimates atleast 3,000 prisoners could be effected by the retroactive effects of the SRCA and the FIRST STEP and Trump and his White House could look at and consider as many for clemency. However, according to Brittany NO CLEAR path is set out for clemency the White House is keeping an open dialogue w/a woman who distains the effects of mass incarceration. So much for hating the Trump White House. -------

(Camp's v. Barrett v. Ovalles)

So we have a NEW set of cases using the CBA or "Conduct-Based-Approach" Instead of the CATEGORICAL APPROACH and the 2nd circuit in Barrett and the 11th Cir. In Ovalles some how state that a judge can look BEYOND the conduct found by the jury to facts NOT FOUND BY A JURY to determine if your conspiracy is a "violent offense". The problem w/all this is ONE CASE Leocal, 543 US 1 at 7 (2204). The CAMPS case out of the recent 6th Cir. Precedent also does not adopt the 2nd or the 11th Cir. ideology about THE CBA. It states "EXTORTION" FOR GUIDELINES PURPOSES & listed under the HOBBS ACT is not a violent offense. But all this hoopla about conspiracy offenses is coming from statements in DIMAYA like those made by Gorsuch. See DIMAYA 128 S.Ct. at 1233.

Furthermore, the Justices in Dimaya 138, S.Ct. at 1254-59 (Thomas Dissent) seem to want to create a conundrum. However, Mathis, 136 S.C.t at 2248 reiterates that a "predicate" conviction needs to found by elements not alternative means. Also See Dimaya, 138 S.C.t. at 1219; see, Jimenez Reciro, 537 US 270, 274 (2003). But again to get around all of that "they" throw s%^*& in the game by "implying" that REAL WORLD conduct may past Constitutional muster when in fact LEOCAL says the NATURE OF THE OFFENSE is to be used . 5 Justices already support the "nature of the offense" approach which does not allow a judge to go past the elements needed to find the crime used to support the 924(c)(3)(B) conviction. They are KAGAN, The Notorious RBG, BREYER, SOTOMAYOR and GORSUCH. Moreover, even ROBERTS recognizes this is the proper scope. What's noteworthy is that 2 judges in Ovalles write a lengthy dissent. It is a 150+ page decision.

The 8th Circuit recently chimed in on this aswell. Agreeing with the 5 Justices. See Pickett, 830 F.3d 760, 761 (8th Cir. 2016). Conspiracy DOES NOT HAVE THE ELEMENT "the us or threatened use of force..." so how does it qualify as a violent crime? When it merely contemplates the underlying offense. Even the Court in Ovalles (11th cir.) knows " it seems that if we are required to apply the categorical approach in interpreting 924(c)(3)'s residual clause, as in McGuire and the Supreme Court did in Dimaya and Johnsons the [924(c)(3)] provision is done for".

Disomma, 951 F.2d 494 (2d Cir. 1991), is a case about BAIL REFORM conditions and what a "violent crime" is under the BAIL REFORM's residual clause. So yes another SUPER REACH. Just like in Johnson and Dimaya this "residual clause" language is nearly identical. THIS IS THE REASONING USED by the Conservative side of the 2d Cir. Court to state that Conspiracy "IS" its underlying act. So if the conspiracy is to commit a violent crime per, Disomma than the conspiracy itself MUST BE A VIOLENT CRIME. This reasoning assails not only logic but ALL THE PROTECTIONS of the constitution's 5th and 6th amendments. And maybe the 4th.

I told all of you years ago that BAD LAW only begets BAD LAW and it is ironic that the judges dissenting in OVALLES say the exact same thing. So where does this leave us? In a place "designed" for us to be? A Conundrum. The 4th Cir. seems primed to adopt the 5 justices interpretation of the use of the Categorical Approach. So what do we do? We Fight? Argue the correct law and wait. For what? For the Supreme Court to straighten out this SUPREME MESS. AGAIN. The longer we wait for someone elses case to be the difference the longer it will take. SO FILE NOW. You are the ONE who could be the difference. -------

(2A1.1)

BELL. The Bell case out of the D.C. Circuit. Is a case where Supreme Court Justice Kavanuagh explains how enhancements "WITH-IN" the statutory range are unduly substantive and unconstitutional. I want you to read it so I won't cite it here but it is a 2017 case. Kavanaugh laments that Uncharged and Acquitted (2A1.1) conduct used at sentencing is UNCONSTITUTIONAL. So if you were cheering for KAVANAUGH to get tossed off the Supreme Court the joke is on you. Infact it wasn't until ORIN HATCH a Republican Senator questioned him about uncharged and acquitted conduct did the "allegations' of an incident 36 year ago come up. How ironic?

The "Murder-Cross Reference" is 2A1.1. Brett Kavanuagh the newly appointed Supreme Court Justice believes that -AND GET THIS- Uncharged and Acquitted Conduct is unconstitutional. Not just the 6th Amendment but the 5th Amendment aswell. Sound familiar? I said this 8 years ago right? In any case THE BELL CASE out of the D.C. Circuit explained this. MALCOLM X had a great speech he gave it was the BALLOT OR THE BULLET. He warned that poor whites and minorities should NOT subscribe to any particular party.

Don't let a political party turn you against someone- really anyone- who believes that the practices used against us are unconstitutional. Ask yourself this... with all you know and have been through, how many Judges and Politicians can pass a moral litmus test? So do you really think Blase-Ford was NOT sexually active at 14? And do you really believe Kavanaugh? No! RIGHT! so lets focus on US.

So like I always say "Don't stay in prison longer than you have to!" Contact us here alot is going on we can help. Also People can be like Tea bags you never know how strong they are until they are in hot water. REMEMBER THAT!!! Don't be weak don't be scared to fight for justice. We did and we won. I had some of you attacking me about taking FAMM off your e-mail. How Ironic as I was the one telling FAMM that YOU guys thought they should fight for more and when they did WE GOT MORE!

- Eric Van Buren Habeas Strategist and Consultant Contributing Writer: Prison-Insider (Paris) Author: The Art of Winning [email protected] @THETAWLFOUNDAT

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thetawlfoundat · 7 years ago

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SO WE WON NOW WHAT!?... ( "Kill Bill" Initiative)

This is the August BLOG:

Greetings!

So we got good and bad news. First WE WON! So thank you for backing mine, THE TAWL FOUNDATIONS, AC4L's, SPOILED POLITICS, and all the athletes and celebrities who help us bring to the attention of those who thought we didn't know how politics worked THAT THE FIRST STEP ACT -as previously constructed STUNK! And did the opposite of what "they" said it was intended to do. Its efficacy was in question from the start and all of the incredulous "SPEAK" about how wonderful it was, made me realize who really is on our side; 4-REAL! Very few. So we "killed" that Bill and we look to "kill" any other Bills we disagree with as well. "KILL BILL".

Eric Holder, someone who was liken to the "boogie-man" In the 80's and early 90's to dudes committing crimes in Washington D.C., WAS and IS on our side. Barack Obama to my surprise was on our side -as he did little to ease mass incarceration or the tools that embolden this racist and barbaric practice. Furthermore, the genocidal and wholly un-American ideology of law enforcement and the penal system.

My message to you guys and gals in prison is that although "they" would not listen to me or respect my Opinion we galvanized those who "they" would listen to and gained some serious allies in our efforts which I was told were Noble from a HIGH-RANKING Congress person. So what am I speaking of ? Most of you saw President Trump's rhetoric about adding Sentencing Reform to the Prison Reform Bill. Although these additions are near to nothing atleast this amended version of the Bill includes something of substance. So thank those that help w/the fight by taking FAMM off of your e-mails and for those who were too fearful and agreed w/FAMM about the FIRST STEP ACT we understand why you have a lack of faith but now it is time to BELIEVE! In YOURSELVES! As I think it is clear WE have proven THAT WE THE PRISONER can find a voice to perpetuate our agenda of simple fairness.

QUICK HOT TOPICS _____________

A. Risk-of Force Clause

I am certain that Conspiracy to Commit a violent crime is NOT, for purpose of the principals set out in DIMAYA, a violent crime. So make sure you check your Circuit first when arguing your claims.

B. Mandatory Guidelines

For those sentenced pre-Booker and are still sentenced under the mandated Guidelines you should contact THE TAWL FOUNDATION here. We are gaining momentum in our arguments and they look very very promising. Most District Court's refuse to give published or unpublished opinion about this however, the 4th Circuit Court of Appeals in WHEELER did not shy away. You have an issue for all sorts of claims if you were sentenced under the mandatory guidelines.

C. 2A1.1

All the guys I helped w/this issue. Let me say this. I TOLD YOU SO! Four years ago when all of you doubted me, again I was correct. Both of the new U.S. Supreme Court justices believe, as I do, that using acquitted conduct at sentencing (to enhance you) violates the constitution. Along with the majority of the SUPREME COURT I might add. If you have such an issue you NEED to contact us HERE Right NOW!

D. Hobbs Act Robbery

I am certain aswell that Hobbs Act Robbery IS a crime of violence. The statute is a per se, crime of violence. However, this is totally irrelevant to the actual "crime of violence" relied on in the Hobbs Act offense. Many offenses under the HOBBS ACT "may not" be crimes of violence especially if your jury was given violent offenses "construed" under a state statute. You have to be careful with this. Ask us for guidance if need be.

E. An 846 conspiracy in violation of 841(a) & (b)

There is a case out of the Second Circuit called Vasquez. It is not PRECEDENT but it is making traction. Let me point out that if you have a 924(c) in violation of a CONSPIRACY drug offense under 841(a) & (b) look at your jury instructions. "IF" and I repeat ONLY IF your jury was not given the PINKERTON instruction AND your jury instruction included the "in relation to" AND " in furtherance of" language I believe you CANNOT stand convicted of the 924(c) as the Rule on unanimity of verdict constitutes such.

I just said alot in that little sentence so read it carefully but the crux is that the unanimity of verdict AND that the Pinkerton theory has to be "in furtherance of" the actual drug crime to be applicable in theory. Contact us here for more insight. Think of it this way, 846 conspiracy DOES NOT HAVE THE ELEMENTS OF DRUG TYPE AND QUANTITY therefore the actual AGREEMENT is usually between confederates that agree on an objective. Imagine a scenario where you need a gun to further that agreement. Remember my rule on bad law. CLEAN logic often makes bad law then more bad law is made to substantiate it.

For now "Don't stay in prison longer than you have to".

Always My Best, Eric Van Buren Post-Conviction Strategist/Consultant @THETAWLFOUNDAT THE TAWL FOUNDATION/fb [email protected] Author of The Art of Winning [email protected]

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thetawlfoundat · 7 years ago

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Petition for Clemency

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thetawlfoundat · 7 years ago

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UPDATE FROM THE TAWL FOUNDATION

[ on Face Book: The TAWL FOUNDATION] [Twitter: @THETAWLFOUNDAT]

Greetings!

How are you? This is an update about the TAWL FOUNDATION usually gives about the general happenings in today's criminal law:

(Victory)

I want to congratulate Carlos Aguiar in the recent case United States v. Aguiar, 15-2037 (D.C. Cir. July 3, 2018). He is a TAWL FOUNDATION client who got granted COA (Certificate of Appeal) recently. What is notable is that he was given a COA and Counsel due to the claim of the closure of the courtroom during voire dire (Jury selection). However, the Law Professor of the Georgetown Appellate Litigation Division reviewed the merit of ALL Aguiars claims and chose the TAWL FOUNDATION'S claim & argued it on COA. The claim was that Mr. Augiar's lawyer did not tell him he could be superseded under Section 924(c)(1)(C)'s Second or Subsequent offense provision if he failed to take the government's FIRST PLEA OFFER. Mr. Aguiar was offered a very generous first plea compared to the sentence he received at trial.

(3582(c)(2))

This Term the Supreme Court gave its opinion in a trilogy of cases concerning Section 3582(c)(2). The good news and only good news is that if you have a Rule 11(c)(1)(C) plea AND plead out to a SPECIFIC Guidelines Range and NOT just a number; if the Guidelines Range is later lowered you can file for a reduction under Section 3582(c)(2). The bad news is that the Supreme Court ruled that a district judge can "presume" you do not qualify (the First Step Under the Dillon Inquiry) and if you do qualify "presume" you do not deserve relief (the Second Step under the Dillon Inquiry). The judge can do this w/o giving detailed reasons why. So what does this all mean? Well, unfortunately it means the judges get more power to decide how much time you will do on a sentence that is 'more likely than not' excessive or racially disparative. These factors usually spark the need for the reduction.

(Nelson)

As expected the government has responded to a couple of our NELSON petitions. We are in the process of answering their response and what they argued did not surprise us. See The Art of Winning [email protected]. I urge EVERYONE who was sentenced under the mandatory guidelines to get in contact with us in order to file your NELSON petition today. Nelson involved the prohibition of court's use of acquitted and uncharged conduct. The U.S. Supreme Court declared in NELSON that the presumption of innocence forbids the use of acquitted or uncharged conduct. Many of you that have been members and/or clients of The TAWL FOUNDATION & or it's affiliates know that we have been arguing the same argument for over a decade. Due to NELSON we continue to argue this issue as it is meritorious and vital to our aim to end MASS INCARCERATION.

(Johnson & Dimaya & Beckles))

Dimaya is a powerful decision. Very powerful. Remember Dimaya's case was civil not criminal. Moreover, it was a STRAIGHT forward application of Johnson. Which means the "RULE" in Johnson can be used even in civil proceedings. The government will argue that you can't use Johnson in a straight forward manner but we know their argument is frivolous & rebutted by the Justices opinion in DIMAYA. Mostly all of their Opinions, dissents included. Dimaya makes it plain that the RISK-OF-FORCE clause and the RESIDUAL CLAUSE although worded similarly are not the same. However, it doesn't matter b/c a vaguely worded statutory phrase can give rise to the DUAL concerns spelled out in both cases. For prisoners w/mandatory guidelines sentences and MANDATORY SENTENCES under the 3-strikes and Section 21 USC 851 provisions, this means DIMAYA applies to your case if you have PRECEDENT that says your priors do not qualify. For those w/state drug case out of New Jersey used as predicates for Career Offender or Armed Career Offender purposes this means you.

"BECKLES CASES" have been a disappointment. Right now as the recent rulings stand if you have a prior conviction that DOES NOT QUALIFY and were enhanced under the Career Offender Provision(s) 4B1.1 or 4B1.2 then you cannot challenge the increase in your sentence. Why? Well a SCOTUS (U.S. Supreme Court) case called SAWYER has "YET" to be extended to non-capitol sentencing. WTF!? is right. WHEELER, recently decided, out of the Fourth Circuit allows mandatory and statutory arguments on Section 2241 for illegal sentences even illegal sentences within the statutory maximum. However, the Fourth Circuit along w/every other Circuit HAS NOT EXTENDED this to non-capitol sentencing. We have developed an argument to request extension of SAWYER to non-capitol offenses using a recent line of Supreme Court cases this term and last term. Those seriously interested need to contact us.

(TAWL Case Review)

We review cases on habeas even if you filed a prior Section 2255 motion. We also do reviews for state habeas cases. As you know habeas petitions (Claims brought after a case is final) are rarely pursued by licensed attorneys. Many trial attorneys are horrible habeas attorneys. The success rate is low and the clients have usually been fleeced or are desperate for freedom and do not have the funds necessary to acquire it.

The TAWL Foundation is NOT a non-profit. However, we have been around for over a decade. We are an organization dedicated to helping defendants who cases are final find remedies for relief. We work with several other organizations, lawyers, professors and others who are concerned about the systemic problem of mass incarceration. If you don't have alot of funds but need competent and effective habeas consultation for a fraction of the normal cost contact us.

"Don't Stay in Prison longer than you have to"

Always My Best,

Eric Van Buren Post-Conviction Consultant/Strategist Author: The Art of Winning [email protected] Contributing Writer: Prison-Insider(Paris) Email: [email protected]

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thetawlfoundat · 7 years ago

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NEW BLOG

` THE DICHOTOMY OF THE LACK OF LEADERSHIP IN THE BLACK & MINORITY COMMUNITIES (THE BARBARITY AND ILLEGALITY OF MASS INCARCERATION)

Dear Black leaders,

Sometimes we get an epiphany. Sometimes we realize things once we are suffering the effects of the things we missed. I am writing today b/c I am haggled by such a phenomenon. The lack of black leadership and the dwindling of the daring of today's leadership has caused disparities in the social and judicial order. This disparity is so great a chasm that minorities have become accepting of their positions as long as they appear better than another minorities.

PART I.

(Mind-Set)

There are two equal but distinct mindsets in the black community. One is the mind-set of 'SOMETHING-IS-BETTE-THAN-NOTHING'. Then there is the mindset that its 'ALL-OR-NOTHING'. These are very interesting and distinct mindsets. Let me delve into them and present them as I understand them.

A. Something-Is-Better-Than-Nothing (SOBTN)

This is the mindset of the self proclaimed proponents of "CHANGE". A mantra who's evolution was seen during the Obama Administration's campaign. They believe that getting something that is "good" at a time that is bad is a First Step to progress and the beginning of change; in a given situation. They will accept what is given in order to help as many people as possible. They often argue if we don't take this "thing" then we won't have any-"thing" and that is better than no-"thing". It is a logical position.

Sally Yates, White House Counsel to President Obama, believed in this mantra so much that when overseeing the handling of sentence commutations she very carefully chose candidates that presented the least risk for President Obama's legacy/image. She did not base her decision to grant presidential clemency on the merit of each persons character or unjust sentence. Infact she disregarded whether a person's sentence was unjust under the color of law and premised her decision to commute, based on the ideology that granting some of those wronged by disparate and illegal sentences, was better than granting none of those wronged by disparate and unconstitutional sentences. The fact that the 1,000's of prisoners she left behind to suffer unconstitutional and racially disparate sentences- did not factor enough into her decision to grant. What factored most was Sally Yates preservation of a Legacy of One man. Not the millions of blacks that made it possible for this one man to have a legacy but just him & his legacy.

The evolution of this mindset is so often refined to the point of mastery. One has to be ever mindful that sometimes to embrace this mindset means to embrace an unexpected outcome. I see it often on Sports shows who discuss whether NFL players should stand or kneel. The consensus is that they should find another way to demonstrate their dislike for the senseless murders of citizens, perpetrated by police officers, that for the most part go unpunished. This rhetoric has been heard by NFL officials who recently made it part of Policy for NFL players to stand or stay out of site if you want to protest. So I guess they got their point across.

Moreover, the proponents of SOBTN believe that the All or Nothing approach is "unrealistic". It is divisive and it is ultimately bad strategy and ineffective. Further they also believe that one should not have to jeopardize their livelihood or station to effect change.

B. The All-Or-Nothing (AON)

This mindset is the mindset of the self proclaimed freedom fighter. One who believes that Justice can only be had by the adherence to Justice. However, the last sighting of the evolution of this mindset died around the time of the assignation of MLK Jr.. MLK Jr. was a conservative who had the AON mindset. The only "progress" in these proponents minds is the eradication of certain CAUSES and not the enactment of the First Step to the eradication of some Cause.

In today's society this AON mindset gets bad billing. The effects of standing for the position of AON can best be seen in the handling of Colin Kaepernick. The lost of prestige and employment. The labeling of a societal outsider. Most who do not subscribe to the AON mindset cannot take financial set backs or OSTRACIZING. Either for personal or professional reasons.

The AON mindset believes that something IS better than nothing but at the same time it also believes that "all money is not good money". That taking anything over having nothing can be a trick and even worse be contrary to the Universal law of compensation. However, It would be irrational to stand pat in misery and exclusion if we don't get everything we want all at once. However, the AON mindset does not ask for everything at once. What it ask for is the eradication of wrongs in a step by step solution of one wrong at a time. The Obama Administration had this AON mindset when it came to many of their policies. Health Care was one. They got it passed. Likewise, some of the administration's foreign policies were quasi-all-or-nothing decisions. However, they did not have this mindset when it came to criminal justice issues, on that point they were open for compromise; which is the enemy of the AON mindset. MLK Jr. stated that we have an obligation to obey Just laws and an equal obligation to disobey unjust laws. He was citing St. Aquinas who was citing Jesus Christ. Maybe that seems AON to people aswell.

C. Dilemma of Mass Incarceration (My Expertise)

So the dilemma for us all is where do we stand? Do we accept things like PRISON REFORM b/c it is the only thing we can get past in this political climate? Just because This bill does some good? Or do we say NO to Prison Reform and accept nothing but the same thing ...which is nothing. MLK Jr. was labeled unrealistic by the Southern Christian Leadership Conference. They urged him to WAIT. Called his actions "unwise and untimely". That good things come to those who waited. MLK Jr. felt it was not in the best interest for mankind to wait. He believed his agenda was anchored in the very premise of Godliness & humanity, goodwill and the American Dream. So he Marched and died for what he believed in.

We could end Mass Incarceration. I have a 10 point plan that would do just that. 10 points w/o even needing congress to sign off on a single bill. I have shared this idea with Organizations who claim that they fight for things like this. They all state what I have to offer has merit BUT that they are limited financially and they basically have better, more "politically" feasible things to consider. It does not matter that we are a self-proclaimed "Nation Of Laws". It does not matter that these laws are racially disparate and disproportionately enforced severely on minorities. It does not matter, that due to these facts, that this would mean that this Nation is admittedly only just and fair to some. If we are therefore, not equally treated as our laws and the enforcement of our laws have shown then how can we expect to receive a fair share of the American Dream? Mass Incarceration is the consequent of a Nation who arbitrarily enforces the laws based on cultural and racial components.

It would then seem to reason that Mass Incarceration is the effect of this Nations bias and prejudice. A civil Issue which robs the everyday pursuit of happiness, liberty, property and some times life from those who are the victims of Mass Incarceration. Mass Incarceration does not only effect the prisoner, it effects the "growth" of the family unit as a whole. It was Aristotle who stated to effect a Nation you merely need to remove a component of the household. Why? Because the family makes up the community, the community the county, the county the state and the state the nation. So to effect a Nation of people you need merely remove a component of the household. You can do that through legislation. Call it a War on Drugs. To effect the family unit. Or you can call it a "Health Crisis" and effect another family unit another way.

Lastly, Mass Incarceration is NOT about the crimes committed. It has a dual pronged approach aswell. This dual composition consist of the charging decision (how many crimes & which crimes to charge) and then the severity in sentencing. This is correctable but no organization seems to focus their efforts on this. You have to ask yourself at one point...why? Then the next logical question is do these people believe that the American Dream should be equally available to all?

PART II.

D. MLK Jr. (His Dream)

"Injustice anywhere is a threat to justice everywhere". "Constructive non-violent tension...is necessary for growth". "Wait has almost always meant never". These are Dr. King Jr's words. How relevant do they sound in this date in time?

(i) On the point of injustice I recently had discussion w/a friend of mine Georgetown Professor Shon. R. Hopwood. We disagree on a Bill in Congress. The Bill is the First Step Act. It is labeled a Bill that is suppose to issue in Prison Reform. He endorses this bill but he states he does it reluctantly. I feel the Bill does absolutely nothing for US in prison. ( I am doing a Life Sentence For a non-violent drug conspiracy). Infact I find the Bill to be a mockery of justice and laughable. One of the things the Bill will address is the shackling of women prisoners, to the bed, while they give birth. A barbaric practice which is in and of itself worth having the bill passed but not to endorse it. Practices like this defy the consciousness of human civility. Supporting this Bill is supporting the need to legislate kindness & compassion. Think about it. A bill that keeps Americans from shackling other Americans to beds while giving birth to an American. I can't endorse that mindset.

Professor Hopwood calls me "unrealistic" that my idea not to endorse Prison Reform is "dumb". That my all-or-nothing approach is an ignorant position. He believes this Bill is better than getting nothing this congressional term. To his point I asked Professor Hopwood to make the argument that MLK Jr. would have accepted a Bill that allowed Negros to eat at white diners -at night- as a First Step to desegregation. Further, I asked Professor Hopwood that if MLK Jr. accepted such a Bill would he then effectively lose leverage to get a greater bill passed? I have yet to hear from professor Hopwood on this specific question.

What drives me in my quest for fairness in the judicial and legislative systems is the words of MLK Jr. My so called AON approach is premised in the idea that accepting anything less than justice is to accept injustice.

(ii) Next is the level of tension necessary to get law makers to make sensible reforms and laws. As I write there have been 5 mass shootings in America in less than two years. In recent days 22 children and 5 adults were killed in two public school shootings. The NRA although connected to financial contributions from foreign entities like Russia have led the charge in blocking any federal bill to be passed concerning -what I call smart on Gun Control Legislation. Kids have marched, more have died and nothing has changed. Moreover, tensions between blacks and law enforcement are as tense as they get yet no major legislation has been passed save for one that exempts police from civil suit if they kill some unarmed suspect.

"Tension" the cornerstone of MLK Jr. Cause To CREATE CHANGE is being taken out of protest. The NFL recently stated that players can protest but back in the locker room where no one can see them. The president champions a more hard line approach that if NFL players protest they should not be in this country. Popular sports pundits on ESPN & FS1 Sports have stated that NFL players should not jeopardize their employment and find better ways to demonstrate dislike for judicial injustice and "THE WAR ON BLACKS" that has been perpetually getting stronger in law enforcement circles. Even so called black leaders condemn too much tension or any tension that may jeopardize their status or be "too politically risky". We need look no further than Obama's Clemency Initiative that was not even his idea but Republican President Bush's idea. It was too risky to grant commutation for the 1,000's of minorities who suffered severe constitutionally infirmed sentences. (iii) To the last point of Waiting. The Sentencing Reform Act (SRA) came out in 1985. It was passed along with the U.S. Sentencing Guidelines which were promulgated in 1987 and predicated on a case called McMillan v. Pennsylvania, 477 US 79, 91-92 (1986) (Later struck down by the Supreme Court in Alleyne). This case allowed for a legislature to remove from the jury offense conduct and have a judge at sentencing find this offense conduct by a preponderance of the evidence. So what does that mean? Once you were convicted. You could and would be sentence based on conduct that a jury did not find you guilty of. This opened the door for Courts to sentence defendants to severe and harsh sentences without affording them the proper Due Process that the Constitution provides. Again this case has been recently struck down but courts are still sentencing prisoners based on offense conduct. In operation and in application defendants such as myself have been sentenced based on acquitted conduct or uncharged conduct. Using offense conduct as sentencing factors was forbidden by the Supreme Court, in a case called O'Brien. However, judges still use it. So when I am found not guilty for crime or even if I am not charged for a crime a judge can still sentence me as if I were convicted of this crime. For Example: Lets say the jury acquitted me of a violent crime, it would not matter. A judge could still sentence me based on that crime. OR lets say I was never charged with a specific offense. It doesn't matter, I still could be sentenced based on this specific offense. Further, is does not factor that my presumption of innocence had never been removed by a finding of guilt by a jury beyond a reasonable doubt. The Judge could and would determine that it was 'more likely than not' that I committed this offense. Eventhough I was suppose to be presumed innocent of this actual crime. See United States v. Jones, 31 F3d. 1304, 1316 (4th cir. 1994) and United States v. Grubbs, 585 F3d. 793, 799-803 (4th cir. 2009). Another great LEGAL, SOCIAL AND CIVIL injustice is the crack ratio. A Schedule II drug which has a more severe penalty than a Schedule III drug (OPIODS). Moreover, it was determined by the Supreme Court that "crack" has no scientific distinction from powder cocaine it is the same as cocaine. See a case called Kimbrough. So all the lies about crack babies, and crack kills were all propaganda. Opiods kill at a rate of 65k a year and Opiods create Opiod babies but crack is still punished more severely than Opiods. The truth is If you "shoot" powder cocaine you get the same high as crack. So why is my punishment 100x more severe than powder cocaine? Could it be that 90% of crack dealers are black and 85% of the users are white? It is called the 100:1 ratio now (down to 18:1) but not applicable to me b/c AG Jeff Sessions says he honors the policy tradition of Finality in verdict. It gets better. Lets say they designate you a career offender based on your prior conviction then later determine that your prior could not qualify you as a career offender. Well eventhough you are doing time for something you don't qualify for there is nothing you can do legally about it. Sad but this is our legal system. See Grubbs, Supra. These are some of the best kept secrets of federal sentencing. If this were corrected sentences like mine and others would decrease exponentially. For example instead of receiving life I would receive a sentence of 15 years. Yes you are reading this correctly. This is THE DRIVING FORCE in mass incarceration. So Black leaders I ask what do you plan to do about this? Congress wants us to WAIT! Wait for a right afforded to us by the Constitutions Due Process Clause. Well wait has meant never- as MLK Jr. has said- b/c we have been waiting for over 30 years for justice and it is never the right time. E. (Black Leadership) It is not a question of existing leadership. The black community has existing leadership. However, this leadership is lacking at best. Since MLK Jr. assignation plans such as Mass incarceration have been successfully implemented. Black leadership has spent its time convincing black people to wait for some democratic revolution or if not for that for something else. Obama's farewell speech placed the black communities fate in the hands of the NEXT GENERATION. More evidence that he was even aware there was a lack for leadership in the black community. More to that point, I can be critical of the Obama Administration b/c, as far as addressing CAUSES that negatively effect the black community, it left me alot to critique. For over 400+ years blacks have given their servitude, money, their lives, and their every thought to one day seating a Black president that would go to some extent of instituting a "culture" (not political policies) that would better the black community. I agree with our black leaders Obama could not do it all. That we as a black nation would have to do some things on our own. But what was lacking in the Obama Administration was the creation of the opportunity to free ourselves from economical and judicial oppression which are the effects of the social discord and disparities in America. I give President Obama an A++ when it comes to being the President he was a fine example and did the virtually impossible but when it comes to issues that effected the black community I give him a C-. As he was Average. Like the average politician. Greatness never performs average. Unfortunately his model has become the model for black leadership in America. Which I also give a C-. Because it is just average. I will end this with my solution. Without it I feel I would just be venting. My solution does not involve congress. It does involve the Judicial System. Our Black Congress people have whole heartedly sold our votes to the democratic party. This party in turn has done ABSOLUTELY NOTHING TO INSTITUTE STRUCTURAL CHANGES TO BETTER THE BLACK COMMUNITY. What the democratic party has done well is at the right moments trumpet their passing of bills and policies which target the "EFFECTS" (Not the Cause) of the problems that beset the black community. The greatest enablers have become our own people. Remember good intentions can still pave roadways to hell. As a result as Charles Barkley stated and so many other blacks I have spoken with lately, the democrats are at a point where they cannot take our votes for granted. I like this idea for two reasons. The First is simple it is written in Donald Trumps 'Art of the Deal' that If you can't walk away from a deal -and this is what these Bills are based on...deals- then you probably won't get a good deal. Second and most important there is NO COMPROMISE TO JUSTICE. Either something is just or it is not. There are some things you cannot walk away from. Things such as Heritage and Spiritualism. But legislative acts & "public policy" that do not insure fairness, equality and justice are things people who believe in these tenets are obligated to walk away from. I cannot not support any bill or policy that acts as a prophylactic OR a band aid. Since I take this position that anything short of Justice is non-negotiable I am labeled an AON. Is there anyone who believes that if MLK Jr. were still alive that Mass Incarceration would have happened or if it happened would have sustained itself for this long. I am more than prepared for that debate. My belief is based on the premise that since we are a Nation of Laws then the law must be corrected so this Nation can be corrected. So if for example the law is disparative and unfair then logically so is the Nation. This is my line of logic. I have a 10 point plan I would love to share with any black leader who is serious about ending Mass Incarceration. I am incarcerated and, via my 17 year incarceration and 15 years studying law, understand exactly what it will take to make a marked difference in the black community. REMEMBER the perpetual nature of the Willy Lynch philosophy: 1) Kill the Strong Male (indefinite incarceration) 2) make the black woman the negotiator, provider and protector of the black household 3) break the rest of the black men in front of the black family and 4) reverse the roles of the male and female children. The male child should be a tool to be utilized -whether mind or body and the female child is to pick up where her mom left off. Look at our community. Tell me this is not apparent. Dear black leaders this is a letter written out of a great love for the black community. MLK Jr. stated "there can be no great disappointment without first having great love". You have been given notice that your leadership is lacking and since no one is "pulling you up" I am pulling you up. I was "pulled up"... out of my community and stay "pulled up" for 17+ years. Not due to my crimes but to racial disparity in sentencing. There are Tens of Thousands like me. Hundreds of Thousands if you count both state and federal. How do you on one hand state you represent a community and then on the other hand do nothing to alleviate the central cause of this communities despair. Men are missing in large number from the black community b/c of Mass Incarceration. Strong men. mostly the "Wild uncontrollable N*^^#%" the slave owners were warned about. I was told by a popular civil rights leader that the difference in my generation and his generation (50's,60's,70's) is that they were willing to die for what they believe in and we are willing to kill for what we believe in. This dynamic has to change. MLK Jr. died for what he believed in. Which was his dream. Something we have all seemed to have forgotten and by forgetting to respect his dream have disrepected it and ourselves. WAKE UP!Always My Best, Eric Van Buren #11044-068 FCI Schuylkill P.O. BOX 759 Minersville, PA 17954 Post-Conviction consultant/strategist Author of: The Art of Winning Litigation Contributing writer to: Prison-Insider(Paris) @THETAWLFOUNDAT THE TAWL FOUNDATION/fb

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thetawlfoundat · 7 years ago

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(iii) To the last point of Waiting. The Sentencing Reform Act (SRA) came out in 1985. It was passed along with the U.S. Sentencing Guidelines which were promulgated in 1987 and predicated on a case called McMillan v. Pennsylvania, 477 US 79, 91-92 (1986) (Later struck down by the Supreme Court in Alleyne). This case allowed for a legislature to remove from the jury offense conduct and have a judge at sentencing find this offense conduct by a preponderance of the evidence. So what does that mean? Once you were convicted. You could and would be sentence based on conduct that a jury did not find you guilty of. This opened the door for Courts to sentence defendants to severe and harsh sentences without affording them the proper Due Process that the Constitution provides. Again this case has been recently struck down but courts are still sentencing prisoners based on offense conduct.

In operation and in application defendants such as myself have been sentenced based on acquitted conduct or uncharged conduct. Using offense conduct as sentencing factors was forbidden by the Supreme Court, in a case called O'Brien. However, judges still use it. So when I am found not guilty for crime or even if I am not charged for a crime a judge can still sentence me as if I were convicted of this crime. For Example: Lets say the jury acquitted me of a violent crime, it would not matter. A judge could still sentence me based on that crime. OR lets say I was never charged with a specific offense. It doesn't matter, I still could be sentenced based on this specific offense. Further, is does not factor that my presumption of innocence had never been removed by a finding of guilt by a jury beyond a reasonable doubt. The Judge could and would determine that it was 'more likely than not' that I committed this offense. Eventhough I was suppose to be presumed innocent of this actual crime. See United States v. Jones, 31 F3d. 1304, 1316 (4th cir. 1994) and United States v. Grubbs, 585 F3d. 793, 799-803 (4th cir. 2009).

Another great LEGAL, SOCIAL AND CIVIL injustice is the crack ratio. A Schedule II drug which has a more severe penalty than a Schedule III drug (OPIODS). Moreover, it was determined by the Supreme Court that "crack" has no scientific distinction from powder cocaine it is the same as cocaine. See a case called Kimbrough. So all the lies about crack babies, and crack kills were all propaganda. Opiods kill at a rate of 65k a year and Opiods create Opiod babies but crack is still punished more severely than Opiods. The truth is If you "shoot" powder cocaine you get the same high as crack. So why is my punishment 100x more severe than powder cocaine? Could it be that 90% of crack dealers are black and 85% of the users are white? It is called the 100:1 ratio now (down to 18:1) but not applicable to me b/c AG Jeff Sessions says he honors the policy tradition of Finality in verdict. It gets better. Lets say they designate you a career offender based on your prior conviction then later determine that your prior could not qualify you as a career offender. Well eventhough you are doing time for something you don't qualify for there is nothing you can do legally about it. Sad but this is our legal system. See Grubbs, Supra.

These are some of the best kept secrets of federal sentencing. If this were corrected sentences like mine and others would decrease exponentially. For example instead of receiving life I would receive a sentence of 15 years. Yes you are reading this correctly. This is THE DRIVING FORCE in mass incarceration. So Black leaders I ask what do you plan to do about this? Congress wants us to WAIT! Wait for a right afforded to us by the Constitutions Due Process Clause. Well wait has meant never- as MLK Jr. has said- b/c we have been waiting for over 30 years for justice and it is never the right time.

E. (Black Leadership)

It is not a question of existing leadership. The black community has existing leadership. However, this leadership is lacking at best. Since MLK Jr. assignation plans such as Mass incarceration have been successfully implemented. Black leadership has spent its time convincing black people to wait for some democratic revolution or if not for that for something else. Obama's farewell speech placed the black communities fate in the hands of the NEXT GENERATION. More evidence that he was even aware there was a lack for leadership in the black community.

More to that point, I can be critical of the Obama Administration b/c, as far as addressing CAUSES that negatively effect the black community, it left me alot to critique. For over 400+ years blacks have given their servitude, money, their lives, and their every thought to one day seating a Black president that would go to some extent of instituting a "culture" (not political policies) that would better the black community. I agree with our black leaders Obama could not do it all. That we as a black nation would have to do some things on our own. But what was lacking in the Obama Administration was the creation of the opportunity to free ourselves from economical and judicial oppression which are the effects of the social discord and disparities in America. I give President Obama an A++ when it comes to being the President he was a fine example and did the virtually impossible but when it comes to issues that effected the black community I give him a C-. As he was Average. Like the average politician. Greatness never performs average. Unfortunately his model has become the model for black leadership in America. Which I also give a C-. Because it is just average.

I will end this with my solution. Without it I feel I would just be venting. My solution does not involve congress. It does involve the Judicial System. Our Black Congress people have whole heartedly sold our votes to the democratic party. This party in turn has done ABSOLUTELY NOTHING TO INSTITUTE STRUCTURAL CHANGES TO BETTER THE BLACK COMMUNITY. What the democratic party has done well is at the right moments trumpet their passing of bills and policies which target the "EFFECTS" (Not the Cause) of the problems that beset the black community. The greatest enablers have become our own people. Remember good intentions can still pave roadways to hell. As a result as Charles Barkley stated and so many other blacks I have spoken with lately, the democrats are at a point where they cannot take our votes for granted. I like this idea for two reasons. The First is simple it is written in Donald Trumps 'Art of the Deal' that If you can't walk away from a deal -and this is what these Bills are based on...deals- then you probably won't get a good deal. Second and most important there is NO COMPROMISE TO JUSTICE. Either something is just or it is not.

There are some things you cannot walk away from. Things such as Heritage and Spiritualism. But legislative acts & "public policy" that do not insure fairness, equality and justice are things people who believe in these tenets are obligated to walk away from. I cannot not support any bill or policy that acts as a prophylactic OR a band aid. Since I take this position that anything short of Justice is non-negotiable I am labeled an AON. Is there anyone who believes that if MLK Jr. were still alive that Mass Incarceration would have happened or if it happened would have sustained itself for this long. I am more than prepared for that debate.

My belief is based on the premise that since we are a Nation of Laws then the law must be corrected so this Nation can be corrected. So if for example the law is disparative and unfair then logically so is the Nation. This is my line of logic. I have a 10 point plan I would love to share with any black leader who is serious about ending Mass Incarceration. I am incarcerated and, via my 17 year incarceration and 15 years studying law, understand exactly what it will take to make a marked difference in the black community. REMEMBER the perpetual nature of the Willy Lynch philosophy: 1) Kill the Strong Male (indefinite incarceration) 2) make the black woman the negotiator, provider and protector of the black household 3) break the rest of the black men in front of the black family and 4) reverse the roles of the male and female children. The male child should be a tool to be utilized -whether mind or body and the female child is to pick up where her mom left off. Look at our community. Tell me this is not apparent.

Dear black leaders this is a letter written out of a great love for the black community. MLK Jr. stated "there can be no great disappointment without first having great love". You have been given notice that your leadership is lacking and since no one is "pulling you up" I am pulling you up. I was "pulled up"... out of my community and stay "pulled up" for 17+ years. Not due to my crimes but to racial disparity in sentencing. There are Tens of Thousands like me. Hundreds of Thousands if you count both state and federal. How do you on one hand state you represent a community and then on the other hand do nothing to alleviate the central cause of this communities despair. Men are missing in large number from the black community b/c of Mass Incarceration. Strong men. mostly the "Wild uncontrollable N*^^#%" the slave owners were warned about. I was told by a popular civil rights leader that the difference in my generation and his generation (50's,60's,70's) is that they were willing to die for what they believe in and we are willing to kill for what we believe in. This dynamic has to change. MLK Jr. died for what he believed in. Which was his dream. Something we have all seemed to have forgotten and by forgetting to respect his dream have disrepected it and ourselves. WAKE UP!

Always My Best, Eric Van Buren #11044-068 FCI Schuylkill P.O. BOX 759 Minersville, PA 17954 Post-Conviction consultant/strategist Author of: The Art of Winning Litigation Contributing writer to: Prison-Insider(Paris) @THETAWLFOUNDAT THE TAWL FOUNDATION/fb

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thetawlfoundat · 7 years ago

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NEW BLOG

` THE DICHOTOMY OF THE LACK OF LEADERSHIP IN THE BLACK & MINORITY COMMUNITIES (THE BARBARITY AND ILLEGALITY OF MASS INCARCERATION)

Dear Black leaders,

PART I.

(Mind-Set)

A. Something-Is-Better-Than-Nothing (SOBTN)

B. The All-Or-Nothing (AON)

C. Dilemma of Mass Incarceration (My Expertise)

PART II.

D. MLK Jr. (His Dream)

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thetawlfoundat · 7 years ago

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180,000 v. 7,000 W Ho You WIT

` ��180,000 v. 7,000 W Ho You WIT ( IMPORTANT!!!!! PRINT OUT!!!!!!)

Greetings!

I would like to start off by telling you that things look very BLEEK. If you look in the new Criminal law Reporter you will see a Court just ruled that a juror CAN KNOW OR LIKEWISE BE RELATED TO THE VICTIM of the crime they are seated to hear. The Trump "culture" has finally set into the minds of the courts and of those who fight for us. We are all dug in. We are all put to the test but will we pass or collapse on one another?

The Supreme Court is going to hear two cases about how much force is needed for a crime to be considered violent. My recent blog explained to you that this is the focus of your issue for those who have crimes that are considered violent but may not have ENOUGH force involved to actually be crimes of violence. Never give up! I would also counsel you to move on to the next issue in your case if you do have a violent crime and are waiting for some miraculous ruling to fall in your lap. Work on your case not your hope.

Now on to more legislation as this is MORE critical to your future in prison than DIMAYA, JOHNSON or MATHIS or their progeny. If we can get Sentencing Reform or aspects thereof placed in the Prison Reform Bill we would have won a place at the table and would be in control of our own futures.

(POLITICS)

Alot of you who got Professor Hopwood's (FAMM BOARD MEMBER) e-mail blast on why he backs the The First Step Act, know that the people I am involved with concerning the passing of legislation to help thwart, reverse or eradicate mass incarceration are at odds with Shon and his position. He knows it aswell and accepts and respect our position. Mr. Hopwood is a class act and I would not expect anything less. Mr. Hopwood is a good man, please do not get that confused and he means and wants to help. We are merely at odds over where we stand on one issue. A SERIOUS ISSUE!

A. The Blast

To be clear for those who did not get his blast he stated that he too was against a "Prison Reform Bill" only. But he stated because it helps so many he is now for it. Let me be clear. My argument is not that IT DOES NOT HELP my argument is that they (FAMM, CAN-DO & Shon Hopwood) should not endorse it. The bill (The First Step Act) does do good. One thing is that they finally disallow women given birth to be shackled. You read it right a BILL had to be made to stop a barbaric practice such as that. Is that per se good? Yes is it something we should be negotiating? HELL NO! Basic human nature should been enough to compel corrections officials to back away from that policy. So the Bill does good but lets take a look at the crux of Mr. Hopwood's argument.

B. Hopwood's WAY

His argument is the 180,000 will be effected versus 7,000 if Sentencing Reform and the Corrections Act (SRCA) gets passed. Further he says Mitch McConnell won't bring the SRCA to the floor b/c it splits Republicans. He also uses 1,000's of prisoners and their families want this bill to pass and asked him to endorse it. Lastly, he states he would endorse it with out all of that because -although it won't correct mass incarceration and be implemented disparately- it does too much good for so many prisoners he HAD to endorse it.

The number which compels his argument is that 180,000 prisoners will get 7 more days good time a year. In the USP's this means absolutely nothing b/c as you know 6 months loss of goodtime for a 100 series infraction is common-place. This probably matters to Low or Medium security inmates but what they do not know is that they are already receiving 54 days a year anyway. Especially if you are in a GED or ACE class.

C. My Rebuttal

My position is the same as those who I am affiliated with. It is NOT the position of FAMM, Can-Do or Shon Hopwood. I do not care that 180,000 prisoners will receive 7 more days good times a year b/c the majority (85%) of those 180,000 ALREADY get those days off. Just ask your Counselor or Unit Team or look at your computation sheet for proof. My focus is on Sentencing Reform. I will tell you why. Prison Reform does absolutely nothing for prisoners except give away the ONLY LEVERAGE WE HAVE to getting actual Sentencing Reform.

Shon Hopwood states that the SRCA will NOT be retroactive and will likewise DO NOTHING to address Mass Incarceration. Further, he says it would only effect 7,000 and not 180,000 prisoners like the First Step Act does. I would much rather have the 7,000. Why? It is simple. Ask yourself this. Would you rather have 180,000 slaves receive 2 days off working the fields for Mass 'a or have 7,000 of your comrades go free from slavery? Which action would best bring about change? Per, Shon Hopwood's blast 1000's of you and your families have contacted him stating you would rather have 2 days off in the fields a week than have 7,000 of your comrades freed from injustice. I am not surprised. MLK Jr. met with the same kinds of obstacles from people he represented aswell. My rebuttal for Professor Hopwood was that if he can make the case that MLK Jr. would endorse a Bill that stated "Negroes can sit -at night- in white diners" as a FIRST STEP to desegregation then he would garner my support.

I do understand the SOMETHING is better than nothing approach. I think it is a weak position. It means we will go for anything. I believe all of us reading this come from a Pedigree of Something is Better than Nothing because we all came from NOTHING. But we are also of the ideology that "All Money is Not Good Money". We have been sold short by The Obama Administration, Black Organizations and our own community leaders for decades. Now they want you to start selling your own self short. To be sure I am just not making this up lets do the math. So 85% of 180,000 prisoners is 153,000. This is the number of prisoners who already receive 54 days a year good time. So the difference is roughly 23,000 prisoners. The fact they need a bill to force the BOP to implement acts of compassion, like letting terminally Ill prisoners go home on monitor and not shackling women to the bed while they give birth just shows you who you are making a deal with. On the other hand 7,000 prisoners will be effected by SRCA and anyone new that is incarcerated. The money saved due to the SRCA and time spent in prison in comparison to the First Step Act is laughable. 7 days more a year is a joke. This bill would have you due 6 & 3/4 off every 10 years and you know how they like giving minorities football numbers. So you can take the 7 days or FIGHT for JUSTICE and get what we deserve.

I will say this I know for certain -thru my sources- JAY-Z is against the Something is Better Than Nothing approach. So in his words...WHO YOU WIT'?

Always My Best, Eric Van Buren Post-Conviction consultant/strategist Author: The Art of Winning [email protected] Contributing Writer: Prison-Insider(Paris) @TheTAWLFOUNDAT

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thetawlfoundat · 7 years ago

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RIPPLES IN THE LEGAL & POLITICAL LANDSCAPE

This is an UPDATE for FAQ's on DIMAYA and what it means and the ripple effects.

` RIPPLES IN THE LEGAL & POLITICAL LANDSCAPE (PRINT THIS OUT)

Greetings!

I have gotten several questions about Dimaya and what it does and I want to clear up some things. First, to OUR Political Landscape. Shon. R. Hopwood, FAMM BOARD MEMBER and Professor of Georgetown Law, who you may have seen recently on 60 minutes condemned my FAMM v. PRISONERS blog. He stated that FAMM "IS" working towards Sentencing Reform and that I was lying when I said that they were not. He said more but I can tell you he was not happy with my position or that I conveyed it to you guys. My letter in Response is posted on THE TAWL FOUNDATION's Face Book page. I continue to request you to send FAMM a message and take them off your e-mail or write in and COMPLAIN about their endorsement of the PRISON REFORM BILL.

Remember (R) Senator Chuck Grasserly is AGAINST THE PRISON REFORM BILL b/c he believes it will stagnate and up end his Bill which he got passed through the Senate Judiciary committee. His Bill "IS" the SENTENCING REFORM BILL. Don't work against your only hope.

Also to the point of who I am in contact with. I contact several people on you guys behalf a day. A fraction respond. A SMALL fraction. All my athletic connections and entertainment connections have been exhausted. A few are with us. So those of you with these connects Contact them and ask them to endorse (R) Chuck Grasserly and the Sentencing Reform Bill. This bill to us is what the Civil Rights Bill was to America in the 60's. This is a LANDMARK legislation. Do your part b/c it won't happen with out US. If you do not know what to say have someone contact us HERE or on the TAWL FOUNDATION face book page. We need a unified front on this subject. I would ove to speak with them and better explain OUR position and what we CAN do.

Now back to FAMM. Professor Hopwood in his scathing e-mail to me cites "JEFF SESSIONS", the AG, as making it harder to get a better bill along w/the Mid-Term elections. This coming from a person who BEAT EVERY ODD MADE to become an ex-prioner turned Federal LAW Clerk to becoming a Professor at Georgetown Law. So to that point I stand on my claim that FAMM's endorsement of the PRISON REFORM BILL is irresponsible and reckless. The Public (due to FAMM's name) will credit that "OUR" families find this bill acceptable when this BILL does nothing for us AT ALL. Further, to the point of Mid-Term elections FAMM just gave Republicans AND Democrats, who are too afraid to vote for real Substantive change like the Sentencing Reform Act, a GIFT of great political magnitude. Not only will they say on their stumps that they did something for Prisoners by passing a Bill that FAMM supports (which they will point to) they will also mis-lead the public to believe Congress actually "fixed" some of the problems of MASS INCARCERATION. They will do this to help get KEY minority voting blocks, so they can stay in power and continue to do nothing for us. So I stand PAT in my position. It may cost me a powerful friend like Shon but I stand on the facts and the TRUTH.

(RECENT DEVELOPMENTS)

Now on to the LEGAL landscape. Alot of you may have heard of the HILL case in the 2nd Circuit. Well the Panel merely decided that the "fear of injury" stated in THE HOBBS ACT has to be one connected to Actual "FORCE". Also, since the law requires 'real cases' instead of hypothetical situations as examples and further b/c the defendant brought no real cases to back his point the 2nd circuit, along with many other circuits, ruled that HOBBS ACT ROBBERY is a crime of violence.

What does this mean for you?

1) For those who have Conspiracy to commit HOBBS ACT or BANK ROBBERY or some other violent crime it means nothing. It is my legal opinion along with many other courts that the RISK-OF-FORCE Clause is too vague as the Supreme Court held and since this is the case and since conspiracy does not have the element of "force" Conspiracy cannot be a predicate offense to allow a 924(c) conviction.

2) For those who do have actual HOBBS ACT convictions I would review my jury instructions to see if the "fear of injury" language was included and if so I would look further to see if what the person was alleged to be placed in fear of injury actually constituted a violent crime; which means actually had the element of force included in it. So lets say I threatened to withhold funds from a person or spill milk on their valuable art work...then I would look to incidences like these to say that NO ACTUAL FORCE was used.

3) Hill mentioned the Conspiracy and Attempt language included to constitute a violation of the HOBBS ACT. But they did not and could not go into that inquiry. They reserved all those arguments for their other case they will hear soon. So do not jump the gun on these issues. Why? Because like I said, Supra at #1, Conspiracy does not qualify as a crime of violence, and there exist arguments that attempt does not either. We will see. But I wanted to hone the focus of you all so you won't PUT your eggs in ONE BASKET. Meaning DO NOT FOCUS ON THE FACT THAT HOBBS ACT ROBBERY IS A CRIME OF VIOLENCE. Focus on IS your HOBBS ACT ROBBERY a violent crime.

This was just and Update.

UNTIL NEXT TIME, Eric Van Buren Post-Conviction Strategist/Consultant Author of: THE ART OF WINNING [email protected] Contributing Writer to: Prison-Insider (PARIS)

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thetawlfoundat · 7 years ago

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THE FAIR MAIDEN OF JUSTICE

From: VANBUREN, ERIC MARTIN Photo #2- BURIED ALIVE BLOG POST May 4, 2018 1:53 PM This is photo #2 ` THE FAIR MAIDEN OF JUSTICE To my beloved, fair maiden of Justice. Our love encapsulates my entire existence. Our dance is the freedom of life. Our embrace the touch of Origin. We are the anthropomorphism of The Oness. Art imitates our movements. Autonomously directed by your chalk of freedom. I often wonder...but realized that this art is merely our shadow. Then our dance ceases. I fall frozen in an abyss of despair. I suddenly realize that someone is after my life. That someone seeks to destroy Justice. That someone duplicated my maiden's image. It is a mockery of her. In antipathy of her fairness. They have cloned Revenge in her likeness. No longer a fair maiden. I weep, because I have lied and stolen with the expectation that Justice would save me from myself. This new image of Justice is foreboding. She cannot dance, so she haunts me indefinitely. I reach out for my beloved. Where is she? I could not go on if she lay still as I. Then it happens. I feel her touch. Oh how I long to dance with her once more! For I need to be saved. I need to feel love. I need...Justice. -Eric Van Buren Prison-Insider

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thetawlfoundat · 7 years ago

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KANYE: 400 Years of the Slave Mentality

Greetings!

Free Speech is one of the most beautiful Constitutional protections we have in America. Not only does it allow us to express ourselves but it allows other Americans to know what we stand for. Based on our stance Americans are empowered to make a decision on whether they agree or disagree with us and whether the POWER of our word will be allowed -not to exist but to exist in the mainstream fabric of thought of our GREAT nation. I am writing to put in place the vitriol and basely ignorant comments of one Kanye West. But at last he and "Kap" will speak for the entire black community about critical issues with our President. Our black leaders should be ashamed.

` PART I

( Willy Lynch Ideology)

(i) Let me lay my premise first: Make no mistake Willy Lynch was a real figure. A figure that is "pushed" back in the deep shadows of American history; for reasons that only benefit the perpetual nature of his philosophy. The fact that he or his ideology is not spoken about only allows those effected by his ideology to speak out in ways that make us all cringe. Ergo, Kanye West's comments on slavery. But he is not alone. See Infra.

(ii) Before I get into this let me say, it is sad that many people believe that what Kanye West said about the "slave mentality" of blacks was correct but he should have articulated it better. Let me first point out these are the same people that are in opposition to Bill Cosby. If Kanye's logic is correct than ask yourself this; is it fact that the accuser's -of Bill Cosby- continuing quest for justice was in some way anchored into an ongoing mindset of victimization? More clearly put, were these women mired in the "woe is me" syndrome- Kanye seems to feel blacks "hide" behind; simply because these women wanted to bring their assailant (for lack of a better word) to justice? If so then Kanye is correct. Blacks who constantly HIGHLIGHT the unfairness and inequalities of today -due to slavery and the persistent slave mentality of those who have instituted and defended this EXISTING unfairness and inequality; merely look to avail themselves of the wrong that beset them and still besets them.

(iii) However, in Kanye's mind, these are merely complaints and made up excuses from blacks. None of this is valid. He expounds on the black communities despondence as if his self-proclaimed serendipity cures his neurotic and insular capriciousness. He states that as long as black people harbor in their mindset THE FACT THAT SLAVERY IS A PART OF THEIR HISTORY they will continue to -ironically- be slaves. How evocative.

(iv) Let me first tell you the premise of the Will Lynch philosophy who was a slave owner from the West Indies. His premise was simple. Steps: #1 Take the Strongest black male ("the WILD N*##%%") and tar and feather him then strap his limbs to horses and pull him apart in front of all the rest of the black slaves. #2 Beat the rest of the black men to an inch of their life in front of the black women. #3 Make the black woman (who now realize that black men cannot protect her or provide for her without the slave master) the negotiator of the black family. #4 Instill in the black woman that it is in her families best interest to make her daughter like her and her son a tool of the slave master to be used to benefit the slave master. Whether that be the sons mind or his body. This is at its premise the Will Lynch philosophy. Something he told slave owners if implemented correctly could and would last 1,000+ years as it will perpetuate itself.

(v) What is sad is that to his own logic and the logic of others who secretly agree with him Trump would not be president if not for this Willy Lynch mindset. The fact that the very premise of Trump's campaign was for "Middle -Rural- America" to vote for the continued pre-existence of an America that does not seat equally the black man with the White Rural American. That Trump will turn back that clock and Make America Great Again. To a time where it was clear -subtlety or explicitly- that black people were not equal to the middle class white American.

(vi) In Slavery black people were chattel. So therefore, they had no rights. You could use them in a utilitarian fashion and refuse to recognize their humanity. They were the "property" of their owners. Sentiments that echo now today. Especially throughout the entertainment industry where -ironically- Kanye has benefited from.

` PART II.

(Logic & Law - Universal & Man's)

(i) MLK Jr. stated in his Letter From a Birmingham Prison that he stood between two opposing sides in the black community. One that was complacent, so beaten down by the everyday machinations of oppression and the oppressive behavior of whites and the other side, which had economic security and upward education, which believed that the ills of oppression were over-blown and sometimes made up by blacks. He also spoke of a militant side aswell but that is not relevant here. This is where I lay. In the middle of the same two opposing forces. Kanye is very clearly one of those existing opposing voices.

(ii) For those who follow my writings the LAW is of great importance to me. Not only are we a self-proclaimed "NATION OF LAWS" the very ideal of the American Dream is based solely on the fair application of these laws. MLK Jr. stated that there are two type of laws. Just and Unjust. Unjust laws are not to be followed but are to be broken and exposed for the ills they create. Don Miguel Ruiz stated that a Just law is only having to pay once for your mistakes and an unjust law is a law that makes you pay several times for one mistake. Anyone who looks at today's criminal laws not only see that they are racially disparitive (See 100 to 1 Crack ratio- now 18:1) but make a defendant pay severely for past crimes committed. (See U.S.S.G. Section 4B1.1). Moreover, the prosecuting decisions to file certain charges are based on the same impetus as the Willy Lynch philosophy where black American's rights are made superfluous and if exacted can be deadly. Furthermore, the evident "DOUBLE STANDARD" in law enforcement and the persistence to do what Police tell us to do, when in almost every case it is conceded by chief law Enforcement Officials that their officers are incorrectly trained- is in itself absurd and Anti-American. If the police do not know my rights, am I not allowed to stand up for them if I know them? In most cases the answer is a resounding NO!

(iii) Because we are a nation of laws I often am harsh on the proponents of change. They want to change everything but the cause to the problems in the black community. They want to merely change the effects. Remember as MLK Jr. stated everything that Hitler did was legal, everything the Hungarian freedom fighters did was illegal and lastly, SLAVERY was LEGAL! I will agree with Mr. West that slavery is a mind state. There are two parts to slavery- the slave and the slave owner. Because slavery has been abolished, the explicit ACTS of ownership, does not mean the mental state of slavery has been abandoned. I would argue that Kanye's mind state is one of the slave mentality. See Willy Lynch Ideology Supra. Congress has enacted laws that punish minorities several times in some cases 100 x worse than non-minorities. These crimes are charged to minority defendants everyday. The language of these criminal statutes are opprobrious. Totally and wholly anti-American and unjust. These organizations need to promulgate the criminal laws of America. Publish them. However, I see NONE doing such a thing. Therefore, I do not advocate on the behalf of any of them because if they are willing like Kanye to blame the victims of these unjust laws and unfair application thereof, if they can "look past" this cause to the effects then they have become complacent like the opposing force that MLK jr. had to manage and deal with.

(iv) Because of these laws the male has been totally removed from the black family unit. Some of our black women have become termagant and untrustworthy of black men. So they turn to likeness' more familiar and more secure. The Demagogue that TRUMP is, and that Kanye ironically champions, merely stands as an illustration of our nation's mind-set as a whole. That is that it is easier NOT to acknowledge wrong because when you do YOU MUST ACT to correct it. It is easier to blame, to fuss to fight to disagree all due to fear. What fear? The fear of being left behind in the American Dream.

(v) Per, a small facet of Universal Law Kanye is correct. If one continues to believe that they are slaves you will as a result continue to be a slave. This is an exact statement- God's Law. This will negate the greater "COLLECTIVE". That being a "collective mind" which has already believed it is their right to be treated better than minorities. This mind has collectively implemented, over 400 years, institutions that ensure this mind-set. For a "Collective Mind" of minorities to change their reality we must first as Kanye states THINK DIFFERENTLY so we can effect a systemic change with in the major institutions. Two of these institutions are the Financial and Judicial institutions. What Kanye misses is that to implement this "COLLECTIVE MINDSET" we must first acknowledge WHY it is needed. It is no fairytale that the Willy Lynch philosophy lives today. You can see it permeate the culture of young black men's behavior and tendencies.

(vi) MLK Jr. Stated unequivocally that man's law should not supersede God's law and when it does it should be ignored and uprooted. Segregation was lawful. Something our AG Jeff Sessions has reinstituted in ALABAMA via Charter Schools and redistricting.

Again the suggestion from Kanye -who speaks for others- is that when we complain of these laws or the conscious workings of this unjust and unfair Collective Mindset, that elected Trump, we are "playing the victim". When you tell someone it is their fault for being victimized or for putting themselves in peril -meaning on the opposite side of that COLLECTIVE MINDSET you can rest assured that you have been influenced by the perpetuation of the Willy Lynch mind-set. You still carry that very "slave mentality" that Kanye complains about.

` PART III.

(UTILITARIANISM SPIRIT)

(i) We live in what I like to call a "USER FRIENDLY" society. People generally want to be used by or To use the people they associate with. If you do not want to use associates or won't allow them to use you, you will generally have some friction within your relationship. This is the Utilitarian Spirit. The Spirit that many sound minds embrace. The minds that tell NFL players that "if" they want to continue playing football that they best not kneel and then there are the ones that agree but in a different way; they will say hey do it differently. Find other ways DON'T JEOPARDIZE YOUR JOB FOR THIS. But "THIS" is The American Dream, "THIS" is the essence of Humanity. "THIS" is the only thing worth jeopardizing anything for. Without "THIS" we are all SLAVES.

(ii) I am very vocal and very hard on groups who claim to fight for Justice or Humanity. They only seem to fight -not to eradicate the cause- but to eradicate the effects of injustice and inhumanity. This is why $7 billion dollars roughly %25 of Defense Spending is going to keeping people in prison with non-violent drug offenses. Keeping less police Officers off the street to combat the biggest drug problem of our history. When Congress won't move YOU CHANGE the law by arguing its Constitutionality. People would be surprised at how many laws are patently unconstitutional. But again when you stay ignorant it allows you to do absolutely nothing...but place blame; usually on the victims. The devil's greatest trick is convincing people he doesn't exist.

(iii) Kanye is a Slave, stuck in the slave mentality. He benefits, has benefited from the behavior of the very people he looks to demonize or call pathetic. No one in their right mind under the right circumstances would choose to be a slave. Kanye needs better research. They say in Universal Law that when you accuse others of behavior that it is usually a reflection of your own behavior. Kanye has proven this to be true. I will pray for Kanye, hopefully he will one day break his slave mentality.

Respectfully, Eric Van Buren Contributing Writer: Prison-Insider Author of The Art of Winning [email protected] @THETAWLFOUNDAT

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thetawlfoundat · 7 years ago

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DIMYA -What Does it do for me?

DIMYA -What Does it do for me? (Print This Out)

Greetings!

I usually do not expound on other ORG's inputs unless they are wrong and I usually send my blog to each one when I do. But Jeremy Gordon's take on Dimaya is "SPOT ON". I endorse it full throttle. For those who have been following me for for the past 6 years you will know I am particularly hard on FAMM. Why? Because they have the most input when it comes to Congress. The SMU Project is also doing alot for LIFERS and will have some say so in the upcoming years. But understand NOTHING is going to get better for prisoners UNLESS: 1) AG Jeff Sessions is ousted; 2) TRUMP's agenda gets taken care of (it is all ULTIMATELY monetary so do not worry); and 3) Congress acts like it cares about minority issues. (and they don't. Both Democrats and Republicans so do not ne fooled). We have to fight. If you're serving a long term don't wait on the law or congress. You have to fight.

(Hope & Litigate)

So with that said what does Dimaya do for YOU? Again it was a straight forward case with a 95 page Opinion. The Johnson decision was not 95 pages and this should have concerned anyone who was whooping and hollering that they are going home because of DIMYA. Here @THETAWLFOUNDAT we do not just hope we HOPE AND WE LITIGATE. Recently, I admitted to being wrong about NELSON. I didn't think it applied to as many different legal scenarios; they are: 1) Pre-booker Guidelines enhancements (NOT PRIORS); 2) Those in the 5th 3rd, 2nd, and 1st Circuits who get attributed all the Drugs in the total drug conspiracy; 3) Those with 2A1.1 murder cross-reference issues and 4) Anyone convicted of a 21 USC Section 846 Conspiracy to an offense and NOT THE UNDERLYING offense. Alot of these are 21 USC Section 848 cases so look for it.

(DIMAYA)

So on to it, what does Dimaya do? Jeremy Gordon did an excellent job in explaining it. But if you missed it in sum it does the same as JOHNSON. If your underlying crime is "CONSIDERED" an actual "crime of violence" the ruling in DIMAYA does little. BUT! and I say BUT! You will get a chance to fight or atleast should and do not wait like those defendants who waited in BECKLES and have your PDS bail on you and the Court dismiss your case. YOU MAY HAVE AN ISSUE somewhere else that you can sneak in on your DIMAYA motion. It seldom happens but it can happen.

In Dimaya , the government was deporting people based on crimes that they determined to have a "risk of force" even if the crime had NO ELEMENT OF FORCE. So walking away from a cop or running from the police or ANYTHING they considered "had the risk of force" the government would argue for deportation. Now they can't. What is confusing is that they struck down "crimes of violence" in the statute but what this REALLY means is that they can take crimes with elements of force in them and look at them under another provision ALLOWED by the statute. How this translate is that LIKE I TOLD YOU 3 weeks ago you will have to wait for the PACE AND STOKLEY (2 separate cases) cases that the Supreme Court will likely hear next TERM. So By Christmas this same cycle will be going on. That is determining WHAT IS A "CRIME OF VIOLENCE".

For those waiting on this understand any COURT will automatically use MATHIS. So all this about using MATHIS to get back in Court in unnecessary. The Wheeler case out of the 4th Circuit has cleared up what Section 2241 should be used for. But check your Circuit because the 11th Circuit and other Circuits who follow their reasoning will not entertain a Section 2241 Motion.

(Pre-Booker)

For those sentenced pre-booker to enhancements OTHER THAN "priors" you should contact us here. There are many credible arguments that you can bring and need to be brought NOW per, DODD (1-year time limit for when the Supreme Court recognizes a new right). So contact us here and find out if you need to act.

Lastly, Don't stay in prison longer than you have to! But it's up to you. you can get out when they want you out or when you want to get out. Smarten up!

Sincerely, Eric Van Buren Post-Conviction Strategist/Consultant @THETAWLFOUNDAT Contributing Writer to Prison-Insider Author of The Art of Winning Of [email protected]

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thetawlfoundat · 7 years ago

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WINDOW OF TIME

The following blog is written for a project initiated by PRISON-INSIDER Inspired by the works of Photographer Bertrand Gaudilleres.

This is the Blog about TIME where a man is standing in a room full of shadows, partially behind a window screen, looking out the window with his back turned away from a clock with no hands or second hand. -It is a poetic and stoic picture by Photographer Bertrand Gaudilleres. So I write.

======================

` WINDOW OF TIME

The window of time, the haunting shadows of doubt, the instrument that regulates our life. Einstein made time a formula. Tesla transmuted it into a multi-congruent, multi-dimensional existence. Prosecutors decide who forfeits time. Wardens watch, over time. When the judge's gavel strikes, all time stops. Freezing currents of electric fear paralyze me. Doubt speaks to me, serenading me, to end time. What do I do? Do I screen off a fraction of myself? Steadfastly staying focused on my goal of returning to the outside? Do I turn my back on all measure of time? Birthdays, holidays, anniversaries, graduations? Memories of who I was, who I became and who I want to be? How much time do I ignore? My gray, dark, shadowy reality haunts me. Especially when the sun shines brightest. But I dare not look over my shoulder. I dare not peek at how much time has past or wonder why my kids are now adults. Time has become my assailant. Killing and devouring my reality. I fear Time. But I have learned from time. I must kill time and devour it. If I want to beat time. If I want to survive...this time.

-Eric Van Buren #11044-068 (FBOP)

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thetawlfoundat · 7 years ago

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I Stand Corrected

I STAND CORRECTED!!!!! (PRINT THIS OUT)

Greetings!

Make sure you print this out and share this w/others. In January there was and Op-Ed in the CLR about NELSON. It was Nelson v. Colorado. It was ruled on in the 2017 Term and you have until April 18th, 2018 to get your motion in.

I was opposed to the Op-Ed for several reason. For One, I felt NELSON only applied to fines and restitutions. For Two, I reasoned acquitted conduct was the ONLY thing it could possibly reach to. Third, I didn't see how a State Act would help federal prisoners in the way the Author of the piece saw it.

Infact to be honest I was a bit "salty". I had been arguing this same issue for the last 12 years to no success. Some of my efforts have been published. See William Robinson, F.Supp 3rd U.S. District Court for the District of Columbia. If you read that case you will see the judge struck down a very similar argument procedurally and did not rule on the merits.

The Argument is simple. That a legislature CANNOT use an element of an offense as both a fact that defines/describes a crime and a sentencing factor. That if it does it cannot remove the reasonable doubt standard and make it a lesser standard. This is all due to the 5th Amendments Due Process clause and the fact that once your presumption of innocence attaches a Legislature cannot make laws to deprive you of your property or liberty which is held to be more heightened under the 5th Amendment than being deprived of just property.

I. CLAIM

The Nelson argument goes as such. It is a new rule of Constitutional Law made retroactive b/c of the following reasons:

1. McMillan allowed for a legislature to make a fact that defined a crime both an element and a sentencing factor AND remove the reasonable doubt standard and use a lesser standard of proof by punishing a defendant for a specific crime when a defendant's presumption of innocence was NEVER removed for that crime

2. Alleyne came along and made McMillan non-controlling. "overruling" McMillan due to "intervening decisions". Although this was the case the Courts when filing the above argument always stated Alleyne was merely procedural and non-retroactive to cases that were final.

3. Now comes Nelson which prohibited a state legislature from doing what McMillan would have allowed them to do. That is forgoes someone's "presumption of innocence" by using elements as sentencing factors and allowing those sentencing factors to be found by a lesser standard of proof. namely clear and convincing standard in NELSON but any standard lower than the reasonable doubt standard will do.

Intervening decisions can satisfy the TEAGUE standard and the multiple case "logic" in Tyler. But be careful in trying to file this.

So what was my beef if I argued it before? I am here to help you understand what is gibberish or if some of these Para-legal's are "hustling" you or if there is legitimate reason to file something. Well there is legitimate reason to file something if you are one of two defendant's:

1. If you were sentenced PRE-BOOKER and enhanced (not due to a prior conviction) for drug quantity or obstruction or leadership or for a gun or some monetary sum etc... then we can help.

2. If you were acquitted of a murder OR NOT CHARGED for a murder but were enhanced under U.S.S.G. Section 2A1.1.

[NOTE] There is no ruling by the Supreme Court that directly states U.S.S.G. 6A1.3 satisfies DUE PROCESS and doesn't offend the 5th Amendment. Also WATTS dealt w/ Double Jeopardy and not Due Process. Also remember the recent decision in The Fourth Circuit that cited other Circuits about the Mandatory Guidelines having the FORCE & EFFECT OF LAW.

II. Conclusion

If you would like @THETAWLFOUNDAT to file on your behalf a pro se Section 2255(h)(2) second and Successive petition under 28 USC 2255(e) then you need to contact us here immediately. Or call Mr. Cobham at 301-437-7178. The fee will be will be based on the length and complexity of your case.

Don't Stay in prison Longer than you have to!

Sincerely, Eric Van Buren Post-Conviction Strategist/Consultant @THETAWLFOUNDAT Contributing Writer to: Prison-Insider Author of: THE ART OF THE WINNING [email protected]

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thetawlfoundat · 7 years ago

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I STAND CORRECTED!!!!

I STAND CORRECTED!!!!! (PRINT THIS OUT)

Greetings!

I. CLAIM

The Nelson argument goes as such. It is a new rule of Constitutional Law made retroactive b/c of the following reasons:

Intervening decisions can satisfy the TEAGUE standard and the multiple case "logic" in Tyler. But be careful in trying to file this.

1. If you were sentenced PRE-BOOKER and enhanced (not due to a prior conviction) for drug quantity or obstruction or leadership or for a gun or some monetary sum etc... then we can help.

2. If you were acquitted of a murder OR NOT CHARGED for a murder but were enhanced under U.S.S.G. Section 2A1.1.

II. Conclusion

Don't Stay in prison Longer than you have to!

Sincerely, Eric Van Buren Post-Conviction Strategist/Consultant @THETAWLFOUNDAT Contributing Writer to: Prison-Insider Author of: THE ART OF THE WINNING [email protected]

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thetawlfoundat · 7 years ago

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` THE ANTIDOTE- USA v. WHEELER, No. 16-6073 (4th Cir. 2018)

This is my new blog on the recent case in the Fourth Cir. I usually do not put too much stock in cases and I do think this case will be heard on En banc but yet I write because the decision is really clears up ALL THE GAMES the lower court's play when pro se petitioner's seek relief from unconstitutional or statutorily incorrect sentences.

=================

` THE ANTIDOTE- USA v. WHEELER, No. 16-6073 (4th Cir. 2018)

Greetings!

Its been awhile. However, I wanted to write you pertaining to DIMAYA the Supreme Court's new grant in the PACE v. United States, No. 17-7140 (Case) and the Fourth Circuits recent decision in WHEELER.

(Pace & Dimaya)

In my Opinion PACE will answer what many of prisoners are hoping Dimaya will answer. PACE will define what A violent crime is for purposes of the ACCA Statute (Armed Career Criminal). In contrast, Dimaya WILL answer a very specific question. I doubt it will go beyond what is needed to rule in an immigrations case. However, what I am looking for is some direction on ANY DIFFERENCE between the terminology of a "violent offense" per, the Bail Reform Statute and more traditional criminal statutes. More clearly put, I want know if the definition of a "violent offense" changes when a court is reviewing a bail application from when a court is sentencing a defendant. If so why? I also want to know if conspiracy to commit a violent OR DRUG offense qualifies as an ACTUAL VIOLENT OR DRUG OFFENSE under 924(c). So this is what I am hoping THE JUSTICES clear up but please NOTE to answer the question posed in DIMAYA it does not have to. so DO NOT EXPECT it to.

(Wheeler)

I don't usually put too much stock into Circuit precedent. If you see the overwhelming joy from the TRUMP Administration's appointment of ultra conservative judges to the U.S. Circuit and U.S. District Courts you will know why I don't put too much stock in how the law is interpreted from term to term or in general. If you are a prisoner I know you feel it is always interpreted in a way to EXCLUDE you relief and this is done purposely. This is why TRUMP is touting these "conservative" appointments to the bench. I hate to say I told you this was going to happen but I TOLD YOU SO. :)

The exception to Wheeler is its MANY, and I mean MANY, delineations and explanations. As the ART OF WINNING [email protected] states, if you do not know the rules to the Court you attend than you cannot win. What Wheeler does is breakdown some very "cloudy" legal precepts which surrounded the filing of Section(s) 2255(e) and 2255(h). It also states unequivocally what a fundamental sentencing error is. It does it very clear terms. Very clear. It reads almost like an instructional manual. Last but surely not least it delineates what is jurisdictional and non-jurisdictional per a selection of relevant habeas statutes.

Some the Wheeler highlights are:

1. Bailey v. United States, 516 US 137 (1995) is a statutory and not a constitutional ruling for the purposes of Sections 28 USC 2255(e) & 2255(h). Under Section 2255(e) you need to prove that the issue you are filing is not Constitutional and under 2255(h) you have to prove the issue is a New Rule of Constitutional law. Both have to be retroactive. What is odd is that I can remember when guys were getting Second And Successive Petitions granted due to Bailey. So be careful of any lawyer telling you he knew everything in Wheeler before Wheeler came out.

2. You can file Fundamental sentencing defects under Section 2241. The court tells you exactly what is needed for the sentencing error to qualify. This is NEW.

3. It cites and adopts Narvarez v. United States, 674 F.3d 621, 629 (7th Cir. 2011). Ironically, a case I have used before in the 4th Circuit at the District Court level and Appeals Court level. Always being rejected using the case. Well now they cite it and adopt it.

4. It very clearly states the difference between what is Jurisdictional -in a statute. See 2253(c)(1) and what is non-jurisdictional 2253(c)(2) & (c)(3).

5. The Court cites Judge Gorsuch's Opinion in Prost V. Anderson, 636 F.3d 578 (10th Cir. 2011);

6. The Court is critical about the 11th Circuits About-Face in McCarthan. It also chastised the government in this case for changing positions but I take the chastisement with a grain of salt because the Government will do it whenever convenient;

7. And Judge THACKER (who wrote the Opion) implies VERY STRONGLY that those sentenced under the mandatory guidelines can benefit from Section 2255(e) if they have a "fundamental sentencing defect".

What bothers me about this case, is the history of the Court of the Fourth Circuit. Many of us remember the panels ruling in WHITESIDE to only chagrin when the En Banc came out. Many of us remember other circuits like the 11th Circuit who about-faced when Bryant came out. we will have to wait to see what will come of this decision.

I will be taking questions at e-mail: [email protected] or for those on Twitter @THETAWLFOUNDAT. Wheeler is a BIG DEAL! For now and I hope it stays that way. LET ME BE CLEAR BECAUSE GUYS HAVE @THETAWLFOUNDAT AND CLAIMED WHEELER IS GOING TO SEND THEM HOME. So let me make this clear. Wheeler DOES NOT TELL YOU IF YOUR PRIOR IS QUALIFYING UNDER the: 1) Career Offender Statute 2) Section 851 3) ACCA or 4) any other statute that requires qualifying priors before one is enhanced pursuant to them. WHEELER deals with what is needed after YOUR PRIOR CONVICTION IS NO LONGER QUALIFYING. So be careful. The Quality of JHL (Jail House Lawyer) is at an all time low. The quality of habeas attorneys is at an all time low aswell so Be careful!

Sincerely, Eric Van Buren Post-Conviction Strategist & Consultant contributing writer for PRISON-INSIDER.com @THETAWLFOUNDAT

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