FEDERAL HABEAS CORPUS                              28 U.S.Code 2255

https://alanellis.com/habeas-corpus-2255-and-2241-motions/

 

28 U.S. Code § 2255 - Federal custody; remedies on motion attacking sentence 

Form AO 243  http://www.uscourts.gov/sites/default/files/AO_243_0.pdf 

 

 

 

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.

 

RELIEF REQUESTED

 

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. 

 

 

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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.

 

28 U.S. Code § 2254 - State custody; remedies in Federal courts 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application https://www.ca4.uscourts.gov/docs/pdfs/ao241.pdf?sfvrsn=10

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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