28 U.S. Code § 2255 - Federal custody; remedies on motion attacking sentence
I have succeeded to have two ma.rijuana cases filed in U. S. District Courts. One in Maine 1:17 cr 125-02 and the other in theVirgin Islands (1:17 cr 12-01). In the Maine court we are waiting for a response from the US District Attorney of Maine due by August 4th 2019.
Sec 12 FORM GROUND ONE
Ground One: Defendant is being illegally deprived of a substantial constitutional right, his liberty. Congress criminalized marijuana without compelling government reasons therefore without due process of law contravening the 4th and 5th Amendments of the Constitution of the United States and is unconstitutional.
(a) Supporting Facts
1. Marijuana is classified as a dangerous federal controlled substance.
2. The operation and effect of federal prosecution in the enforcement of these marijuana criminal laws was the seizure of Defendant's person and deprivation of his constitutional right of liberty by the bounds of prison.
3. A reasonable regulated interstate commerce of this property, marijuana, does not present a substantial threat to the rights of others, to public safety or health. requiring the use of federal police power.
4. Marijuana is not a dangerous, lethal substance for personal consumption.
5. Since the Viet Nam war era marijuana has proven to be safe to use by adults without medical supervision.
6. No one has died from overdosing by smoking marijuana.
7. Defendant plead guilty, was convicted, and deprived of his liberty for a victimless crime.
Sec.13 GROUND ONE
Ground One has not been raised because of ineffective assistance of counsel who did not inform the defendant of the fact that he is being be deprived of his substantial constitutional right of liberty. That deprivation of his liberty by the federal government
is an Article III justiciable controversy ripe for adjudication by this court under strict scrutiny standard of review. That the defendant has had standing to know the compelling reasons, the validity, therefore the constitutionality of the law he was convicted of. Lawyers will not recognize the substantial denial of his constitutional right of liberty, freedom from physical restraint, bounds of prison.
Lawyers are trained to believe the marijuana laws, criminal laws are a political question. No rights are deprived because what is a crime is not fundamental right. This is repugnant to the rule of law, the Constitution of the United States.
To declare liberty is freedom from physical restraint and the U.S. Congress criminalizing marijuana was arbitrary and unreasonable regulation of property, depriving defendant liberty without a compelling reasons, without due process of law contravening the 4th and 5th Amends. of the U. S. Constitution thus vacating his conviction and sentence. Retroactively applicable on collateral review.
The habeas corpus statutes begin at 28 U.S.C. 2241. ( do search)
State custody you must go through State remedies for post conviction relief first.