[Pnews] Together We Can Free Oso Blanco!!!

Prisoner News ppnews at freedomarchives.org
Thu May 12 11:07:06 EDT 2016

We received this from Sumner, one of Oso Blanco's outside support

people. Please help if you can! This would be a significant win!! Please
direct questions and comments to Sumner at the web site listed below...

Big time legal update: we paid some federal lawyers to assess Oso
Blanco's case. Below I'll include their findings but to sum it up here:
The Supreme Court recently ruled that the Armed Career Criminal Act is
too vague under certain sentencing procedures. Well, whaddya know, Oso
Blanco was sentenced under this. THIS IS THE BREAK WE HAVE BEEN LOOKING
FOR OVER THE PAST 17 YEARS!!! But there is one major problem - we have
to file the paperwork by June 25th, 2016.

So many people and friends and people I consider family have helped Oso
Blanco over the approx 13 years I have been writing him. Now is the time
to dig deep. This could be our final push to help him once and for all.
To obtain FREEDOM! Many of you have called or emailed or written prisons
for him. Many of you have donated money. Today, I humbly ask for
monetary donations so we can get this appeal filed.

I'm setting a one month deadline to raise funds. We currently have $1700
and need to raise at the very least $2000 more (others are researching
lawyers​ - another way to help us if you know of federal lawyers let us
). I'm going to do this and ask you to join me: Each week I'm setting
aside $50 for Oso Blanco. So at the end of the month I'll contribute
$200. For those of you who know me, that's a lot of money for my family.
I only wish I could give more! But any pledge you can do will help.
Maybe you can only afford $10 or $20 a week. That's fine. I'll email you
each week to remind you to donate at:
http://freeosoblanco.blogspot.com/​ (also updates will be posted here).​

Below is what the lawyers said. Thanks to everyone who can help. This is
it! Not in 13 years have I blown smoke up anyone's ass - this is it!
Let's do this for a warrior who has many plans upon his release to
continue to fight for what is right.....Sumner

​From the lawyers (who wanted to much $ to file the appeal): ​
Based on the research that I was able to complete in your case, I
encourage you to file motion under 28 USC § 2244 in the Tenth Circuit
Court of Appeals seeking authorization to file a successive § 2255
motion based upon the new rule of constitutional law articulated in
Johnson v. United States, 135 S. Ct. 2551, 192 L. Ed. 2d 569 (2015). The
Johnson Court declared that a key clause defining violent offenses in
the Armed Career Criminal Act (“ACCA”) violated “the Constitution’s
prohibition of vague criminal laws.” Id., 135 S. Ct. at 2563. Since that
time, numerous courts have applied Johnson to other statutes containing
a similar clause defining crimes of violence and granted relief to those
inmates. This includes inmates who received the Career Offender
enhancement under U.S.S.G. § 4B1.1 and inmates convicted of using a
firearm during a crime of violence under 18 U.S.C. § 924(c)(3). In fact,
a district court in the Eastern District of California recently
dismissed charges under § 924(c) on the grounds that § 924(c)(3)(B) is
unconstitutionally vague. See United States v. Lattanaphom, Case No.
99-cr-0433 (E.D. CA, Feb. 16, 2016). And, Just 10 days ago, the Supreme
Court conclusively found that the rule in Johnson applies retroactively
to defendants like you, seeking post-conviction relief. See, Welch v.
United States, No. 15-6418 (April 18, 2016).

You were convicted of use of a firearm during a crime of violence under
18 U.S.C. § 924(c). As a result of a combination of the above cases you
can make an argument that your § 924(c) conviction and the 40 year
sentence, could be vacated. Therefore, it makes sense for you to try and
seek relief based on Johnson in a motion under 28 USC § 2244.
Importantly, our research shows that under the AEDPA, inmates have only
one year after a decision issuing a new rule of constitutional law to
file a post-conviction motion. The decision in decision in Johnson was
delivered by the Supreme Court 2 on June 26, 2015. Therefore, if you are
going to file a motion attacking your conviction and sentence, make sure
to file a § 2244 motion in the Tenth Circuit Court of Appeals no later
than June 25, 2016.

Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20160512/33bbd5e6/attachment.html>

More information about the PPnews mailing list