Tuesday, August 16, 2011
I would like to introduce my cause to you!!!!
Are there any law students who take on pro bono cases? I would like to introduce myself. My name is Timothy Adams and I am serving a life sentence for a hearsay Conspiracy drug case. I am in need of any law students who are interested in challenging fraud perpetrated by an attorney in my case during my habeas 2255 proceedings. Pro se litigants are not giving any liberal construction in the 4th Circuit court of appeals. I say this because I have filed over (5) Independent actions for fraud upon the court and at no time did the district Judge address whether the affidavit submitted during my 2255 proceedings constitutes fraud upon the court under the Hazel- Atlas doctrine under Rule 60(b) saving clause. The question was never addressed.
The letter!!!!
Dear Law students: I received a letter today dated July 19, 2011 postmarked July 27, 2011 from the Office of Professional Responsibility (OPR). In their response, they stated that it is, however, the policy of this office to refrain from investigating issues or allegations that could have been or still may be addressed in the course of litigation, unless a court has made a specific finding of misconduct by a GOJ attorney or law enforcement agents or there are present other extraordinary circumstances. Based on our review of your correspondence, we have determined that your allegations falls into this category, there is no evidence that the court has made a finding of misconduct, and there are no other extraordinary circumstances presents.law students, respectfully, I submitted clear and convincing proof that the United States Attorney's office submitted two fraudulent affidavits opposing Mr. Adams' 2255 motion, which are material to the out come of his proceedings. I submitted clear and convincing evidence that the affidavits submitted were false and misleading and material. I submitted clear proof that I filed complaints to the United States Attorneys office and the complaints were not answered. I filed complaints to the (OPR), the inspector General office, and the Attorney Generals office in over a ten year span and received no response. I even filed over five (5) Independent Actions to the District Court for Fraud upon the court to set aside the 2255 judgment . Each time the District Court never addressed whether the affidavit's submitted by the United States attorney's office were in fact fraud. Instead, my claims were simply denied under the wrong standard, each time in the District court and the court of appeals. This was my reasons for filing the complaints because this questions the district court's ability to function impartially. If the district court does not address this issue then who addresses it? For the (OPR) to say that the court has made no specific findings of misconduct by a DOJ Attorney does mean that my claims of fraud upon the court were never addressed. I filed a reply back to their office. I am seeking help from any of you law students who practice law pro bono. I have clear and convincing evidence of fraud upon the court and my case warrants the public's attention. If there's ant one who can help , please feel free to contact me.
Thank you.
Sunday, August 14, 2011
Cardozo law school, I am in search of a law student who is interested in doing pro-bono work for my case please go to my facebook page to check out my blogs that have been posted follow this link @ http://facebook.com/T.Adams44. Thanks for your time and Patience.
Timothy Adams
My friends, I wanted to take the time out thanking you for accepting my friendship on facebook. I was very happy, relieved and shock to know that people are reaching out to the public. To explain my situation, I've been incarcerated for (17) years serving a (LIFE) sentence for a hearsay (one) count indictment, drug conspiracy case. There was no physical evidence in my case. My case was based on convicted felons trading testimony for a time reduction of their own case. I have been a model inmate and have never been written up for any infractions of the penal system. However how does one begin to measure the loss of (17) years. It is immeasurable. At best one could list the events that were missed and allow one to imagine the emotion involved. My father died. My sister and brother died. My son was murdered. My two grandchildren were born. My children moved from toddlers, to pre-teens, to teens, and then adults. I did not rear my children.
Again the cost to my family is immeasurable. The statistics on children reared without their fathers is prolific and consistent. What hurdles may I expect for my daughters? Not to mention that my mother Ms. Alice Adams is elderly who still, despite the prostrations of her son, drives hours to visit me, sends money she does not have so that I may be able to call her on occasion. She suffers still with the desire to see her son released from prison, as does my children my siblings and of course my fiancée Ms. Jeanniene Brown, editor of "True Story". I need legal assistance in a very serious situation that is of public importance.
The judgment in my case can never be said to be final, this is because the judgment rendered in my Habeas Corpus 2255 was material and fraudulent. There's a case supporting my position called "Hazel- Atlas, the Court postulated a duty incumbent upon the courts, rather than simply authority, to act when confronting a fraud on the court:[s]surely it cannot be that preservation of integrity of the judicial process must always wait upon the diligence of litigants. The public welfare demands that the agencies of public justice be not so impotent that they must always be mute and helpless victims of deception and fraud.
I am asking this law School to assist me to re-open my case pro-bono. You can use my case as a class project because my case is a very important public issue. Over (13) years, the district court judge, nor the United States Attorney’s office would acknowledge any wrong doing. Although I have submitted clear and convincing evidence, no one took the steps to protect the public's welfare from fraud and deception.
If there is any information needed any proof, I will be glad to submit upon request.
I thank you again and I pray that Justice will be done in my case.
Timothy Adams
Reg. No 42380-019
P.O. Box 420
F.C.I. Fairton NJ 08320
Ms. Jeanniene Brown, editor of True story.
(347) 394-9566
Tuesday, August 9, 2011
Spoke to Brad Heath at USA Today
Hello my friends....I just wanted to keep you posted about my my case involving the fraudulent misconduct that took place in my case. I spoke to Mr. Brad Heath from the USA Today on August 8, 2011, and that he made a request that I forward all of my documents to him for an investigation of my case.
As soon as his investigation is concluded , I will make an announcement to you. I would ask that you help me by emailing him at bheath@usatoday.com(or) call (202) 906-8177.
I thank you very much and I am praying for the better.
Timothy Adams
Reg. No 42380-019
P.O. Box 420
F.C.I. Fairton
Fairton N.J. 08320
Sunday, August 7, 2011
Attention: DONATIONS NEEDED FOR LEGAL ASSISTANCE!!
Attention: DONATIONS NEEDED FOR LEGAL ASSISTANCE!!
I would like to bring your attention to the matter of Timothy Adams ( 6:94-cr-302-3.
The United States Attorney in this case allowed my former counsel, Charles Alexander, to submit two fraudulent affidavits to the court. I posses clear and convincing evidence to dispute the validity of the affidavits submitted fraudulently to the court.
The United States Attorney for the middle District of North Carolina relied on these fraudulent documents and submitted them them to court in support of an erroneous position. Furthermore, the office of the United States Attorney for the Middle District of North Carolina could have easily accessed the information that clearly demonstrated the affidavit submitted by Alexander not once but twice was a fraud upon the court.
I believe that the attorney constructed these fraudulent affidavits, the United States Attorney for the Middle District of North Carolina accepted these documents because I am African American. I believe that authorities in this area do not hesitate to violate the rights of African Americans (or) any other poor persons because they feel as if the offended party has little recourse to correct this situation as my case clearly demonstrates. I have fought for my rights for 16 half years with little avail and hired numerous attorney only to be robbed out of my money.
The failure of the United States Attorney for the Middle District of North Carolina to perform professional diligence in ensuring the information delivered to the court was accurate has cause a very long delay in allowing me an opportunity to be properly heard in the Middle District of North Carolina. I have submitted numerous motions to this court. my most important assertion "Fraud Upon the Court" has not been addressed by the court.
Besides the damage done to my own life as a result of this act, allowing a fraud upon the court is a very serious ethical issue as it serves to undermine our legal system as whole.
I need your help in exposing the District court judge who allowed this to accrue without addressing these very serious allegations.
I am posting blog's daily and seeking donations to be my towards my defense. I am seeking to hire a law firm who would represent me and would seek justice.
We need to send a message to those attorneys and judges. Those who tampers with the administration of justice in the manner indisputably shown here involves far more than an injury to a simple litigant. It is wrong against the institution set up to protect and safeguard institutions in which Fraud cannot be complacently be tolerated consistently with the good order of society. Thus, the improper influence exerted by the attorney's fraudulent affidavit drove a stake through the heart of the court's integrity, and the court's failure to correct such a grave error directly questions its ability to function impartially.
Since the court has not acknowledged, or even ruled, on whether Mr. Adams trial attorney's affidavit constituted fraud upon the court, Mr. Adams need the public's help and donations to hire a law firm.
As soon as Mr. Adams locate a law firm, he will seek donations to be delivered to the firm.
If the public has any questions regarding to this subject, feel free to leave a comment.
Thank you.
Timothy Adams.
I would like to bring your attention to the matter of Timothy Adams ( 6:94-cr-302-3.
The United States Attorney in this case allowed my former counsel, Charles Alexander, to submit two fraudulent affidavits to the court. I posses clear and convincing evidence to dispute the validity of the affidavits submitted fraudulently to the court.
The United States Attorney for the middle District of North Carolina relied on these fraudulent documents and submitted them them to court in support of an erroneous position. Furthermore, the office of the United States Attorney for the Middle District of North Carolina could have easily accessed the information that clearly demonstrated the affidavit submitted by Alexander not once but twice was a fraud upon the court.
I believe that the attorney constructed these fraudulent affidavits, the United States Attorney for the Middle District of North Carolina accepted these documents because I am African American. I believe that authorities in this area do not hesitate to violate the rights of African Americans (or) any other poor persons because they feel as if the offended party has little recourse to correct this situation as my case clearly demonstrates. I have fought for my rights for 16 half years with little avail and hired numerous attorney only to be robbed out of my money.
The failure of the United States Attorney for the Middle District of North Carolina to perform professional diligence in ensuring the information delivered to the court was accurate has cause a very long delay in allowing me an opportunity to be properly heard in the Middle District of North Carolina. I have submitted numerous motions to this court. my most important assertion "Fraud Upon the Court" has not been addressed by the court.
Besides the damage done to my own life as a result of this act, allowing a fraud upon the court is a very serious ethical issue as it serves to undermine our legal system as whole.
I need your help in exposing the District court judge who allowed this to accrue without addressing these very serious allegations.
I am posting blog's daily and seeking donations to be my towards my defense. I am seeking to hire a law firm who would represent me and would seek justice.
We need to send a message to those attorneys and judges. Those who tampers with the administration of justice in the manner indisputably shown here involves far more than an injury to a simple litigant. It is wrong against the institution set up to protect and safeguard institutions in which Fraud cannot be complacently be tolerated consistently with the good order of society. Thus, the improper influence exerted by the attorney's fraudulent affidavit drove a stake through the heart of the court's integrity, and the court's failure to correct such a grave error directly questions its ability to function impartially.
Since the court has not acknowledged, or even ruled, on whether Mr. Adams trial attorney's affidavit constituted fraud upon the court, Mr. Adams need the public's help and donations to hire a law firm.
As soon as Mr. Adams locate a law firm, he will seek donations to be delivered to the firm.
If the public has any questions regarding to this subject, feel free to leave a comment.
Thank you.
Timothy Adams.
Saturday, August 6, 2011
My struggles with the Judiciary Conference of the 4th Circuit
To Whom It May Concern
Sometimes it feels as if an unjust act will never be uncovered. However, we believe if we keep bringing the matter before the attention of those who should want to see justice that some day justice will indeed prevail. It is with this spirit of hope and attitude that we ask you to review the matter of Timothy Adams and his struggle with the Judiciary Conference of the 4th Circuit.
Please find attached Mr. Adam's complaint for what is a Fraud upon the court. Our court system and its system of laws are integral components in maintaining order in our society. Without this system there is a great possibility that our society would quickly crumble and succumb to anarchy.
Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all our citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers. A lawyer bound by oath and rules of professional conduct must be candid in his assertions to the court. When a lawyer speaks in court he is presumed to be telling the truth in it's entirety. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the most reverent manner and in the minutest of detail.
With that said I would like to ask that a full investigation be made regarding Mr. Adam's situation. It was through the use of a private investigator that Mr. Adams was able to uncover information that expands the knowledge of what occurred in his case.
Specifically, Mr. Adams asserts that defense attorney Charles J. Alexander II, represented ''Velvet Jetter'' a woman who met with the agents involved in investigation the Adams case. Ms. Jetter was a known associate of the co-conspirators in the Adams trial a Mr. Patrick Harvey. When Mr. Adams raised this issue in a pro se 2255 motion that this constituted a conflict of interest Mr. Alexander answered that he had not represented Ms. Jetter but an unnamed associate in his firm, who no longer worked there did. This statement is the root of the fraud upon the court.
We raise a point of investigation here that the matter before the court was too important, as Mr. Adams actual life hung in the balance, for Mr. Alexander to simply say an unnamed associate, who by chance no longer worked at his firm represented Ms. Jetter. We assert that this associate should have been named and Mr. Adams should have had an opportunity to question this associate as to his participation in the Jetter matter. Especially since all the document in Ms. Jetter's case does in fact bear Mr. Alexander's signature and identify him as the attorney on record. Furthermore Mr. Alexander should have most likely been disqualified as an attorney for Mr. Adams considering his or as he stated an unnamed associate in his firms association with Ms. Jetter.
The court states that this information was not material when in fact on the heels of Adams conviction in federal court, Ms. Jetter's case was dismissed for cooperating with federal authorities. More importantly this dismissal was orchestrated by Ms. Jetter's attorney, Alexander, the same attorney who represented the plaintiff in his federal trial. The same attorney who advised Ms. Jetter to speak with Drug Enforcement Agency(DEA) agent, Cynthia Wilcox. The DEA agent testified at Adam's trial, and was cross examined by attorney Alexander.
Please see Exhibit A, It is the affidavit submitted to the court by Defense Attorney Charles J. Alexander II. Exhibit B, is signed by Ms. Jetter. On 9/4/98 indicating Charles Alexander II was in fact her attorney of record. Ms. Jetter also says that she was question about Mr. Adams by a DEA agent. Exhibit C is a motion to suppress submitted on behalf of Ms. Jetter and signed by Charles J. Alexander II, noting him as her attorney of record. Exhibit D is a waiver of arraignment submitted on behalf of Ms. Jetter dated 2/9/95 signed by Ms. Jetter and Attorney Charles J. Alexander noting him as the attorney of record. Exhibit E is a dismissal of charges regarding Ms. Jetter for cooperating with federal authorities.
The evidence here bears out that the connection between Jetter and attorney Alexander is clear. Mr. Adams should have been made aware of the fact that Charles Alexander II clearly represented Ms. Jetter. Mr. Adams should have been afforded the opportunity to determine if in fact any information was gathered from Ms. Jetter regarding a supposed connection with Mr. Adams. It is also more than possible that Ms. Jetter may have been able to refute any conspiracy to distribute drugs between Mr. Harvey and Mr. Adams. So while it is apparent that Mr. Alexander was aware of the existence of Ms. Jetter he never informed Mr. Adams of this person, substantially damaging his ability to fully represent himself in his trial.
It is our belief that the fraudulent statement the U.S. Attorney's office allowed Alexander to submit to this tribunal when properly reviewed will warrant Mr. Adams a new trial.
Thank you for your most serious consideration of this matter. Please allow this letter to stand as a complaint against Judge Tilley for his stubborn refusal to address the fraud upon the court in ties case over a 13 year span.
Sincerely,
Jeanniene Brown
Telephone#394-347-9566
Timothy Adams
P.O. Box 420
Fairton, NJ 08320
Alice Adams
377 Montgomery St.
Apt #D-6
Brooklyn, NY 11225
718-493-7925
Sometimes it feels as if an unjust act will never be uncovered. However, we believe if we keep bringing the matter before the attention of those who should want to see justice that some day justice will indeed prevail. It is with this spirit of hope and attitude that we ask you to review the matter of Timothy Adams and his struggle with the Judiciary Conference of the 4th Circuit.
Please find attached Mr. Adam's complaint for what is a Fraud upon the court. Our court system and its system of laws are integral components in maintaining order in our society. Without this system there is a great possibility that our society would quickly crumble and succumb to anarchy.
Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all our citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers. A lawyer bound by oath and rules of professional conduct must be candid in his assertions to the court. When a lawyer speaks in court he is presumed to be telling the truth in it's entirety. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the most reverent manner and in the minutest of detail.
With that said I would like to ask that a full investigation be made regarding Mr. Adam's situation. It was through the use of a private investigator that Mr. Adams was able to uncover information that expands the knowledge of what occurred in his case.
Specifically, Mr. Adams asserts that defense attorney Charles J. Alexander II, represented ''Velvet Jetter'' a woman who met with the agents involved in investigation the Adams case. Ms. Jetter was a known associate of the co-conspirators in the Adams trial a Mr. Patrick Harvey. When Mr. Adams raised this issue in a pro se 2255 motion that this constituted a conflict of interest Mr. Alexander answered that he had not represented Ms. Jetter but an unnamed associate in his firm, who no longer worked there did. This statement is the root of the fraud upon the court.
We raise a point of investigation here that the matter before the court was too important, as Mr. Adams actual life hung in the balance, for Mr. Alexander to simply say an unnamed associate, who by chance no longer worked at his firm represented Ms. Jetter. We assert that this associate should have been named and Mr. Adams should have had an opportunity to question this associate as to his participation in the Jetter matter. Especially since all the document in Ms. Jetter's case does in fact bear Mr. Alexander's signature and identify him as the attorney on record. Furthermore Mr. Alexander should have most likely been disqualified as an attorney for Mr. Adams considering his or as he stated an unnamed associate in his firms association with Ms. Jetter.
The court states that this information was not material when in fact on the heels of Adams conviction in federal court, Ms. Jetter's case was dismissed for cooperating with federal authorities. More importantly this dismissal was orchestrated by Ms. Jetter's attorney, Alexander, the same attorney who represented the plaintiff in his federal trial. The same attorney who advised Ms. Jetter to speak with Drug Enforcement Agency(DEA) agent, Cynthia Wilcox. The DEA agent testified at Adam's trial, and was cross examined by attorney Alexander.
Please see Exhibit A, It is the affidavit submitted to the court by Defense Attorney Charles J. Alexander II. Exhibit B, is signed by Ms. Jetter. On 9/4/98 indicating Charles Alexander II was in fact her attorney of record. Ms. Jetter also says that she was question about Mr. Adams by a DEA agent. Exhibit C is a motion to suppress submitted on behalf of Ms. Jetter and signed by Charles J. Alexander II, noting him as her attorney of record. Exhibit D is a waiver of arraignment submitted on behalf of Ms. Jetter dated 2/9/95 signed by Ms. Jetter and Attorney Charles J. Alexander noting him as the attorney of record. Exhibit E is a dismissal of charges regarding Ms. Jetter for cooperating with federal authorities.
The evidence here bears out that the connection between Jetter and attorney Alexander is clear. Mr. Adams should have been made aware of the fact that Charles Alexander II clearly represented Ms. Jetter. Mr. Adams should have been afforded the opportunity to determine if in fact any information was gathered from Ms. Jetter regarding a supposed connection with Mr. Adams. It is also more than possible that Ms. Jetter may have been able to refute any conspiracy to distribute drugs between Mr. Harvey and Mr. Adams. So while it is apparent that Mr. Alexander was aware of the existence of Ms. Jetter he never informed Mr. Adams of this person, substantially damaging his ability to fully represent himself in his trial.
It is our belief that the fraudulent statement the U.S. Attorney's office allowed Alexander to submit to this tribunal when properly reviewed will warrant Mr. Adams a new trial.
Thank you for your most serious consideration of this matter. Please allow this letter to stand as a complaint against Judge Tilley for his stubborn refusal to address the fraud upon the court in ties case over a 13 year span.
Sincerely,
Jeanniene Brown
Telephone#394-347-9566
Timothy Adams
P.O. Box 420
Fairton, NJ 08320
Alice Adams
377 Montgomery St.
Apt #D-6
Brooklyn, NY 11225
718-493-7925
Amazon Media
Dear Amazon Media:
Sometimes it feels as if an unjust act will never be uncovered. However, we believe if we keep bringing the matter before the attention of those who should want to see Justice that some day Justice will prevail. it is with this spirit of hope and attitude that we ask the media, including Amazon kindle readers to review the matter of Timothy Adams, author of "True Story" and his struggle with the Judiciary conference of the 4th circuit. I am seeking help to expose the corruption and fraudulent conduct that took place in my case to the media. It was through the use of a private investigator that I was able to uncover information that expands the knowledge of what occurred in my case. Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers . when a lawyer speaks in a court he is presume to be telling the truth in its entirely. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the minutest of detail. i have concrete evidence that the United States attorneys Office and my formal trial counsel submitted two fraudulent affidavits during my Habeas 2255 proceedings, concealing an actual conflict of interest from Mr. Adams and from the District court. I demonstrated, clearly and convincingly, that the United States attorneys Office has sentimentally set in motion some unconscionable scheme calculated it interfere with the judicial system's ability impartially to adjudicate a matter. The District court judge failed over (13) years to address the question of the fraudulent judgment in this case. I acted diligently seeking relief. it is clear that this case warrants judicial and media attention in seeking to expose those who commit these fraudulent acts. In closing please note I was very hesitant over the years to reach out to the media because of the new "Crack Cocaine laws" that will go in effect in November before the same judge. This is an important issue for me, period. it could very well mean the difference between continued incarceration and freedom. Thank you so much. Please, a judicial ear is needed. Please fell free to contact me for information at:
Timothy Adams
Reg. No 42380-019
P.O.Box 420
FCI Fairton
Fairton New Jersey 08320
(or) contact
Jeanniene Brown
Phone Number (347) 394-9566
Sometimes it feels as if an unjust act will never be uncovered. However, we believe if we keep bringing the matter before the attention of those who should want to see Justice that some day Justice will prevail. it is with this spirit of hope and attitude that we ask the media, including Amazon kindle readers to review the matter of Timothy Adams, author of "True Story" and his struggle with the Judiciary conference of the 4th circuit. I am seeking help to expose the corruption and fraudulent conduct that took place in my case to the media. It was through the use of a private investigator that I was able to uncover information that expands the knowledge of what occurred in my case. Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers . when a lawyer speaks in a court he is presume to be telling the truth in its entirely. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the minutest of detail. i have concrete evidence that the United States attorneys Office and my formal trial counsel submitted two fraudulent affidavits during my Habeas 2255 proceedings, concealing an actual conflict of interest from Mr. Adams and from the District court. I demonstrated, clearly and convincingly, that the United States attorneys Office has sentimentally set in motion some unconscionable scheme calculated it interfere with the judicial system's ability impartially to adjudicate a matter. The District court judge failed over (13) years to address the question of the fraudulent judgment in this case. I acted diligently seeking relief. it is clear that this case warrants judicial and media attention in seeking to expose those who commit these fraudulent acts. In closing please note I was very hesitant over the years to reach out to the media because of the new "Crack Cocaine laws" that will go in effect in November before the same judge. This is an important issue for me, period. it could very well mean the difference between continued incarceration and freedom. Thank you so much. Please, a judicial ear is needed. Please fell free to contact me for information at:
Timothy Adams
Reg. No 42380-019
P.O.Box 420
FCI Fairton
Fairton New Jersey 08320
(or) contact
Jeanniene Brown
Phone Number (347) 394-9566
" FREE YOURSELF FROM THE CAGE OF IGNORANCE"
" FREE YOURSELF FROM THE CAGE OF IGNORANCE"
I'm sure you all have heard of Timothy Adams by now. He's in prison like some of our brilliant brothers and sisters-white, brown and black because we got involved in that which say's 'I'm not going to submit to the system." In prison, the law library is equipped with the type of books that will enable us here in prison to grow. You may say to yourself, "well I cant read. I wasn't good at reading in school," but i have an answer for that. A non-reading, non-intellectual people is as ugly in their development as a clot is in its development. A clot has potential for life, but it is very ugly because it must stay in the womb until it evolves and develops into something of beauty. so don't ever say that you can't do anything. The word "cant "is not in the language of anyone who can read and write. when you use drugs, you get high and stupid, and then you do stupid things and then you have to go back and do some more. But if you keep getting more knowledge, then every round keeps getting higher and higher until you almost have the wings. And if you take a book and open it up, its like wings. the more you try to study to improve yourself, then you must also improve your relationships with the world.
CONGRATULATIONS TO: "Amanda Hocking," author of several adult paranormal books. This young lady fulfilled her goals in life and is now a star of self-publishing. She quotes " I can't really say that I would have been more successful if I'd gone with a traditional publisher, but I know this is working for me.' God bless you Amanda for your success and I wish you all the best.
CONGRATULATIONS TO: "Jeanniene Brown," agent and editor of self-publishing of "True Story".....you made it possible and believed that you can get the job done and get my story out there to the world. I can never thank you more than enough. I love you and God bless you!
Timothy Adams.
I'm sure you all have heard of Timothy Adams by now. He's in prison like some of our brilliant brothers and sisters-white, brown and black because we got involved in that which say's 'I'm not going to submit to the system." In prison, the law library is equipped with the type of books that will enable us here in prison to grow. You may say to yourself, "well I cant read. I wasn't good at reading in school," but i have an answer for that. A non-reading, non-intellectual people is as ugly in their development as a clot is in its development. A clot has potential for life, but it is very ugly because it must stay in the womb until it evolves and develops into something of beauty. so don't ever say that you can't do anything. The word "cant "is not in the language of anyone who can read and write. when you use drugs, you get high and stupid, and then you do stupid things and then you have to go back and do some more. But if you keep getting more knowledge, then every round keeps getting higher and higher until you almost have the wings. And if you take a book and open it up, its like wings. the more you try to study to improve yourself, then you must also improve your relationships with the world.
CONGRATULATIONS TO: "Amanda Hocking," author of several adult paranormal books. This young lady fulfilled her goals in life and is now a star of self-publishing. She quotes " I can't really say that I would have been more successful if I'd gone with a traditional publisher, but I know this is working for me.' God bless you Amanda for your success and I wish you all the best.
CONGRATULATIONS TO: "Jeanniene Brown," agent and editor of self-publishing of "True Story".....you made it possible and believed that you can get the job done and get my story out there to the world. I can never thank you more than enough. I love you and God bless you!
Timothy Adams.
Thursday, August 4, 2011
Time Flys...
Amazing how the time has arrived, no need to delay any firther. Searching for support to expose the corruption behind the Timothy Adams case. The injustice needs to end. Check out my "True Story" on Amazon.com/blogs.
Vindicate my case of federal Injustice..
I'm seeking Assistance from legal professionals who are willing to vindicate the federal injustice of Timothy Adams"True Story". Please check my blog on Amazon.com. (or) go to my facebook page at timmy.adams219@gmail.com
Dear Amazon Media:
Sometimes it feels as if an unjust act will never be uncovered. However, we believe if we keep bringing the matter before the attention of those who should want to see Justice that some day Justice will prevail. it is with this spirit of hope and attitude that we ask the media, including Amazon kindle readers to review the matter of Timothy Adams, author of "True Story" and his struggle with the Judiciary conference of the 4th circuit. I am seeking help to expose the corruption and fraudulent conduct that took place in my case to the media. It was through the use of a private investigator that I was able to uncover information that expands the knowledge of what occurred in my case. Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers . when a lawyer speaks in a court he is presume to be telling the truth in its entirely. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the minutest of detail. i have concrete evidence that the United States attorneys Office and my formal trial counsel submitted two fraudulent affidavits during my Habeas 2255 proceedings, concealing an actual conflict of interest from Mr. Adams and from the District court. I demonstrated, clearly and convincingly, that the United States attorneys Office has sentiently set in motion some unconscionable scheme calculated it interfere with the judicial system's ability impartially to adjudicate a matter. The District court judge failed over (13) years to address the question of the fraudulent judgment in this case. I acted diligently seeking relief. it is clear that this case warrants judicial and media attention in seeking to expose those who commit these fraudulent acts. In closing please note I was very hesitant over the years to reach out to the media because of the new "Crack Cocaine laws" that will go in effect in November before the same judge. This is an important issue for me, period. it could very well mean the difference between continued incarceration and freedom. Thank you so much. Please, a judicial ear is needed. Please fell free to contact me for information at:
Timothy Adams
Reg. No 42380-019
P.O.Box 420
FCI Fairton
Fairton New Jersey 08320
(or) contact
Jeanniene Brown
Phone Number (347) 394-9566
Sometimes it feels as if an unjust act will never be uncovered. However, we believe if we keep bringing the matter before the attention of those who should want to see Justice that some day Justice will prevail. it is with this spirit of hope and attitude that we ask the media, including Amazon kindle readers to review the matter of Timothy Adams, author of "True Story" and his struggle with the Judiciary conference of the 4th circuit. I am seeking help to expose the corruption and fraudulent conduct that took place in my case to the media. It was through the use of a private investigator that I was able to uncover information that expands the knowledge of what occurred in my case. Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers . when a lawyer speaks in a court he is presume to be telling the truth in its entirely. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the minutest of detail. i have concrete evidence that the United States attorneys Office and my formal trial counsel submitted two fraudulent affidavits during my Habeas 2255 proceedings, concealing an actual conflict of interest from Mr. Adams and from the District court. I demonstrated, clearly and convincingly, that the United States attorneys Office has sentiently set in motion some unconscionable scheme calculated it interfere with the judicial system's ability impartially to adjudicate a matter. The District court judge failed over (13) years to address the question of the fraudulent judgment in this case. I acted diligently seeking relief. it is clear that this case warrants judicial and media attention in seeking to expose those who commit these fraudulent acts. In closing please note I was very hesitant over the years to reach out to the media because of the new "Crack Cocaine laws" that will go in effect in November before the same judge. This is an important issue for me, period. it could very well mean the difference between continued incarceration and freedom. Thank you so much. Please, a judicial ear is needed. Please fell free to contact me for information at:
Timothy Adams
Reg. No 42380-019
P.O.Box 420
FCI Fairton
Fairton New Jersey 08320
(or) contact
Jeanniene Brown
Phone Number (347) 394-9566
Hello everyone. This is Timothy Adams. I need you to please go to my blog section at Amazon .com "True Story", to see my latest blog. I need your help!!!!!
Thank you! Follow the link below
- http://www.amazon.com/dp/B005C
Thank you! Follow the link below
- http://www.amazon.com/dp/B005C
To all Up and Coming Law students....
This is Timothy Adams the author from "True story" I hope that after you reviewed
my case, that your comments in regards to the fraud and corruption. I am seeking all law students
in the united States to review my case. Go to Amazon.com here is my link to my new published book..- http://www.amazon.com/dp/B005C
my case, that your comments in regards to the fraud and corruption. I am seeking all law students
in the united States to review my case. Go to Amazon.com here is my link to my new published book..- http://www.amazon.com/dp/B005C
Wednesday, July 27, 2011
Letter to President Obama
Letter to President Obama
Att: President Obama.
Dear President Obama:
I would like to bring to your attention to the matter of Timothy Adams case No. (6:94-cr-302-3).
Mr. Adams was charged and convicted of Conspiracy to distribute crack Cocaine oover 16 years ago. He has been a model inmate. he has never had any serious infractions of the penal system. however how does one begin to measure the loss of 15 year 16/half years. it is measureable. At best one could list the events that were missed and allow one to imagine the emotion involved. Mr. Adams father died. his sister died. His son died. His first and second grandchild was born. his children moved from toddlers, to pre-teens,to teens, and then adults. mr adams did not rear his chidren. he did not graduate college. He did not have an opportunity to own property.
Again the cost to the family of Mr. Adams is immeasurable. the staistics on children reaed without their fathers is prolific and consistent. what hurdles may we expect for his sons based on the information? What hurdles may we expect for his daughters? not to mention that his mother is an elderly woman who still, despite the prostrstions of her son, drives hours to visit him, sends money she does not have so that he may call her on occasion. She suffers still with desire to see her son released from prison, as does his chidren his siblings and of course his spouse.
It has always been our contention that The U.S. Attorneys Office and Former Trial Attorney Charles J. Alexander II was not candid with the tribunal and thus the conviction of Mr. Adams and his Habeas Corpus 2255 was tained by Fraud committed upon the court.
Please review the attached infomation:
Exhibit A Affidavit by Attorney Charles J. Alexander II stating the case for witness was handled by an "unnamed" associate in his firm who no longer works there.
Exhibit B Signed statement dated 9/4/98 by witness that indicates Charles J. Alexander II was in fact her Attorney of record, advised witness to speak with DEA agents and was in fact questioned regarding inmate Adams.
Exhibit C Motio to suppress submitted and signed by Charles J. Alexander II and noting him as the attorney of record dated2/9/95
Exhibit D Waiver of arraignment submitted on behalf of witness dated 2/9/95. Signed by witness and Charles J. Alexander II noting him as the attorney of record
Exhibit E Dismissal of charges against witness for cooperating with federal authorities.
Exhibit F 11/7/94 search warrant for the residence of witness.
Evidence here bears out that the connection between Witness and Attorney Alexander is clear. Mr. Adams should have been made aware of the fact that Charles Alexander II clearly represented Witness. Mr. Adams should have been afforded an opportunityh to determine if in fact he wanted to continue with Alexander as his attorney in light of his association with Witness. Mr. Adams should have been afforded an opportunity to determine if any information gathered from witness regarding a supposed connection with Mr. Adams. It is also more than possible that witness may have been able to refute any conspiracy to distribute drugs between Mr. Harvey and Mr. Adams. So while it is apparent that Mr. Alexander was aware of the existence of witness he never informed Mr. Adams of this person, substantially damaging the ability of Mr. Adams to make good decisions regarding his representationand to fully represent himself at trial.
Some would say that our legal system is flawed. No matter how flawed, it is our system to love, honor and change as the process allows and society sees fit. These flaws will at times beg up the question will an unjust act ever be uncovered. The wonderful thing about our system is there are checks and balances. Even when these checks and balances don't work wrongs can be righted when those charged to protect, enforce and interpret our laws are sufficiently interested.
Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all our citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers. A lawyer bound by oath and rules of professional conduct must be candid in his assertions to the court. When a lawyer speaks in a court he is presumed to be telling the truth in its entirety. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the most reverent manner and in the minutest of detail.
I ask that you review the attached information with valuable additional years of experience, court precedent, and through the eyes of the Adams mother, children, siblings and spouse. Here stands the opportunity to right what we believe to be a wrong and allow our justice system to work according to the laws that society has deemed appropiate because otherwise we are left with the question, does the ends justify the means.
If you require any additional information you may reach me at: F.C.I Fairton P.O.Box 420 fairton NJ, 08320
Sincerely,
Timothy Adams
Reg. No . 42380-019
Att: President Obama.
Dear President Obama:
I would like to bring to your attention to the matter of Timothy Adams case No. (6:94-cr-302-3).
Mr. Adams was charged and convicted of Conspiracy to distribute crack Cocaine oover 16 years ago. He has been a model inmate. he has never had any serious infractions of the penal system. however how does one begin to measure the loss of 15 year 16/half years. it is measureable. At best one could list the events that were missed and allow one to imagine the emotion involved. Mr. Adams father died. his sister died. His son died. His first and second grandchild was born. his children moved from toddlers, to pre-teens,to teens, and then adults. mr adams did not rear his chidren. he did not graduate college. He did not have an opportunity to own property.
Again the cost to the family of Mr. Adams is immeasurable. the staistics on children reaed without their fathers is prolific and consistent. what hurdles may we expect for his sons based on the information? What hurdles may we expect for his daughters? not to mention that his mother is an elderly woman who still, despite the prostrstions of her son, drives hours to visit him, sends money she does not have so that he may call her on occasion. She suffers still with desire to see her son released from prison, as does his chidren his siblings and of course his spouse.
It has always been our contention that The U.S. Attorneys Office and Former Trial Attorney Charles J. Alexander II was not candid with the tribunal and thus the conviction of Mr. Adams and his Habeas Corpus 2255 was tained by Fraud committed upon the court.
Please review the attached infomation:
Exhibit A Affidavit by Attorney Charles J. Alexander II stating the case for witness was handled by an "unnamed" associate in his firm who no longer works there.
Exhibit B Signed statement dated 9/4/98 by witness that indicates Charles J. Alexander II was in fact her Attorney of record, advised witness to speak with DEA agents and was in fact questioned regarding inmate Adams.
Exhibit C Motio to suppress submitted and signed by Charles J. Alexander II and noting him as the attorney of record dated2/9/95
Exhibit D Waiver of arraignment submitted on behalf of witness dated 2/9/95. Signed by witness and Charles J. Alexander II noting him as the attorney of record
Exhibit E Dismissal of charges against witness for cooperating with federal authorities.
Exhibit F 11/7/94 search warrant for the residence of witness.
Evidence here bears out that the connection between Witness and Attorney Alexander is clear. Mr. Adams should have been made aware of the fact that Charles Alexander II clearly represented Witness. Mr. Adams should have been afforded an opportunityh to determine if in fact he wanted to continue with Alexander as his attorney in light of his association with Witness. Mr. Adams should have been afforded an opportunity to determine if any information gathered from witness regarding a supposed connection with Mr. Adams. It is also more than possible that witness may have been able to refute any conspiracy to distribute drugs between Mr. Harvey and Mr. Adams. So while it is apparent that Mr. Alexander was aware of the existence of witness he never informed Mr. Adams of this person, substantially damaging the ability of Mr. Adams to make good decisions regarding his representationand to fully represent himself at trial.
Some would say that our legal system is flawed. No matter how flawed, it is our system to love, honor and change as the process allows and society sees fit. These flaws will at times beg up the question will an unjust act ever be uncovered. The wonderful thing about our system is there are checks and balances. Even when these checks and balances don't work wrongs can be righted when those charged to protect, enforce and interpret our laws are sufficiently interested.
Confidence in our legal system is paramount to its function as a cornerstone in providing an atmosphere ripe to achieve the American dream. In order to maintain this confidence justice must be fair and applied to all our citizenry equally. No other issue has the power to erode our confidence in the legal system than a fraud committed on the court by one of its officers. A lawyer bound by oath and rules of professional conduct must be candid in his assertions to the court. When a lawyer speaks in a court he is presumed to be telling the truth in its entirety. This presumption is a privilege and responsibility for the lawyer. This privilege must be honored in the most reverent manner and in the minutest of detail.
I ask that you review the attached information with valuable additional years of experience, court precedent, and through the eyes of the Adams mother, children, siblings and spouse. Here stands the opportunity to right what we believe to be a wrong and allow our justice system to work according to the laws that society has deemed appropiate because otherwise we are left with the question, does the ends justify the means.
If you require any additional information you may reach me at: F.C.I Fairton P.O.Box 420 fairton NJ, 08320
Sincerely,
Timothy Adams
Reg. No . 42380-019
Tuesday, July 26, 2011
Letter to Eric Holder
Timothy Adams
Reg. No 42380-019
P.O. Box 420
F.C.I Fairton
Fairton, NJ 08320
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530 July 23, 2011
Dear Mr. Holder
I am writing your office regarding my case. It is case No. 6:94 CR 302-3. I am filing a complaint against the United States Attorney for the Middle District of North Carolina.
The United States Attorney in this case allowed my former counsel, Charles Alexander, to submit two fraudulent affidavits to the court. I posses clear and convincing evidence to dispute the validity of the affidavits submitted fraudulently to the court.
The United States Attorney for the Middle District of North Carolina relied on these fraudulent documents and submitted them to the court in support of an erroneous position. Furthermore, the office of the United States Attorney for the Middle District of North Carolina could easily acessed the information that clearly demonstrated the affidavits submitted by Alexander not once but twice was a Fraud upon the court.
The failure of the United States Attorney for the Middle District of North Carolina to perform the proper professional diligence in ensuring the information delivered to the court was accurate has caused over 12 years delay in allowing me an opportunity to be properly heard in the Middle District of North Carolina. I have submitted numerous motions to the District Court. My most important assertion ''Fraud upon the Court'' has not been addressed by the court.
Besides the damage done to my own life as a result of this Misconduct, allowing a fraud upon the court is a very serious ethical issue as it serves to undermine our legal system as a whole.
Mr. Holder, you yourself created a new internal watchdog office Tuesday, January 19, 2011. You wanted to make sure that prosecutors face swiffer and more consistent punishment if investigators find that they committed misconduct. Well, respectfully, I took your advise and filed numerous complaints to the Justice Department Agency's and have sent them numerous complaints in the past 12 years. I am no closer then yesterday of being heard as though my complaints are getting ship from one agency to another without being addressed. See attached letters from the Justice Department.
It should be noted that the District Court Judge in this case failed to address the question of Fraud in this case in a 13 year span although I have submitted over (5) Independent Actions for Fraud upon the court to the District Court. Not once in during life of these proceedings the central question of whether the government submitted a fraudulent affidavite to the District Court was addressed.
Thank you for listening and I hope that your office take the liberty to resolve this serious un-ethical behavior so that I can prove that my sixth Amendment was violated due to and undisclosed Actual Conflict of Interest.
Reg. No 42380-019
P.O. Box 420
F.C.I Fairton
Fairton, NJ 08320
Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530 July 23, 2011
Dear Mr. Holder
I am writing your office regarding my case. It is case No. 6:94 CR 302-3. I am filing a complaint against the United States Attorney for the Middle District of North Carolina.
The United States Attorney in this case allowed my former counsel, Charles Alexander, to submit two fraudulent affidavits to the court. I posses clear and convincing evidence to dispute the validity of the affidavits submitted fraudulently to the court.
The United States Attorney for the Middle District of North Carolina relied on these fraudulent documents and submitted them to the court in support of an erroneous position. Furthermore, the office of the United States Attorney for the Middle District of North Carolina could easily acessed the information that clearly demonstrated the affidavits submitted by Alexander not once but twice was a Fraud upon the court.
The failure of the United States Attorney for the Middle District of North Carolina to perform the proper professional diligence in ensuring the information delivered to the court was accurate has caused over 12 years delay in allowing me an opportunity to be properly heard in the Middle District of North Carolina. I have submitted numerous motions to the District Court. My most important assertion ''Fraud upon the Court'' has not been addressed by the court.
Besides the damage done to my own life as a result of this Misconduct, allowing a fraud upon the court is a very serious ethical issue as it serves to undermine our legal system as a whole.
Mr. Holder, you yourself created a new internal watchdog office Tuesday, January 19, 2011. You wanted to make sure that prosecutors face swiffer and more consistent punishment if investigators find that they committed misconduct. Well, respectfully, I took your advise and filed numerous complaints to the Justice Department Agency's and have sent them numerous complaints in the past 12 years. I am no closer then yesterday of being heard as though my complaints are getting ship from one agency to another without being addressed. See attached letters from the Justice Department.
It should be noted that the District Court Judge in this case failed to address the question of Fraud in this case in a 13 year span although I have submitted over (5) Independent Actions for Fraud upon the court to the District Court. Not once in during life of these proceedings the central question of whether the government submitted a fraudulent affidavite to the District Court was addressed.
Thank you for listening and I hope that your office take the liberty to resolve this serious un-ethical behavior so that I can prove that my sixth Amendment was violated due to and undisclosed Actual Conflict of Interest.
True Short Story: Letter to President Obama
True Short Story: Letter to President Obama: "Att: President Obama. Dear President Obama: I would like to bring to your attention to the matter of Timothy Adams case No. (6:94-cr-302..."
True Short Story: Letter to President Obama
True Short Story: Letter to President Obama: "Att: President Obama. Dear President Obama: I would like to bring to your attention to the matter of Timothy Adams case No. (6:94-cr-302..."
Sunday, July 24, 2011
True Short Story: introduction
True Short Story: introduction: "HELLO EVERYONE!!! My name is Timothy Adams and I am reaching out to you all from Fairton, NJ, where I am currently being confined for a conv..."
True Short Story: introduction
True Short Story: introduction: "HELLO EVERYONE!!! My name is Timothy Adams and I am reaching out to you all from Fairton, NJ, where I am currently being confined for a conv..."
introduction
HELLO EVERYONE!!! My name is Timothy Adams and I am reaching out to you all from Fairton, NJ, where I am currently being confined for a conviction of drug conspiracy. I am the author of a newly entitled book ''TRUE STORY'' which I have written over the last 3 years and have finally published and began to distribute on eBook.
In my book I will take you on the journey of my life, which started from Brooklyn, New York, to the southern comfort of Winston-Salem, North Carolina. Well atleast that's what I thought. In 1995 I was wrongfully convicted of a drug conspiracy. This is where the real story begins. The story of a young boy from Brooklyn who was put to a test and though he faced many of bumps and obstacles in the road, grew to become a man of patience, perseverance, and intelligence. My story is a story of hope and faith. A story where you will see that trusting in GOD, being optimisitic, and never quitting or giving up will always win out through any situation.
Currently I am still fighting my case, so the content was limited. However, it will open your eyes to America's judicial system and how it works. Right and wrong. I ask that you all pray for me, in hopes that with the passing of new laws that I regain my freedom soon. Thank you all for taking time to read. GOD BLESS!!! Timothy Adams
True Short Story: JUNE 30th RETROACTIVITY VOTE
True Short Story: JUNE 30th RETROACTIVITY VOTE: "A message from Timothy: The Commission's retroactivity vote a few days ago was another step in the long long overdue, overhaul of the Federa..."
True Short Story: Congratulating those who read e-Book, ''True Story...
True Short Story: Congratulating those who read e-Book, ''True Story...: "Congratulating those who read e-Book, ''True Story'' by Timothy Adams and co-written by Jeanniene Brown. My purpose for writing ''True Story..."
JUNE 30th RETROACTIVITY VOTE
A message from Timothy:
The Commission's retroactivity vote a few days ago was another step in the long long overdue, overhaul of the Federal System. Hopefully, the Fair Sentencing Clarification Act of 2011, bill submitted a week ago actually clarify's that the amendments made by the Fair Sentencing Act are to be applied to pending cases and retroactively to cases that are no longer pending. Meaning, cases that are no longer on any appeas. The Fair Sentencing Clarification Act would allow all offenders, regardless of when they were arrested or convicted, to recieve the benefit of the changes that congress made in the FSA. Does these changes effect Tim Adams? Yes.
''There is absolutely no reason that the individuals sentenced under the old crack cocaine laws should not recieve the benefit of the FSA,'' stated Representative Scott. ''Congress has acknowledged that the 100 to 1 disparity was fundamentally unfair and had a racially desparate impact. People sentenced under the old law should not be required to serve out sentences imposed as a result of what congress made in the FSA.
In late June, 2011, Congressman Robert C. ''Bobby'' Scott (D-Va-3), along with original co-sponsors congressman Ron Paul (R-Tx-14), John Conyers Jr. (D-Mi-14), Roscoe G. Bartlett (R-Md-6), Alcee L. Hastings (D-Fl-23), and Keith Ellison (D-Mn-5), introduced the Fair Sentencing Act of 2011.
Rep. Scott is the ranking member of House Judiciary subcommittee on crime, Terrorist and Homeland Security and also sits on the House Education and Work Force Committee.
This bill would allow all inmates to receive a reduction, including those with statutory sentences.
If anyone has any comments or questions, feel free to contact me via facebook.
Thank you.
Thursday, July 21, 2011
Congratulating those who read e-Book, ''True Story'' by Timothy Adams and co-written by Jeanniene Brown. My purpose for writing ''True Story'' was to shed light on my life sentence and the ''draconion crack cocaine laws'' and how it destroy's ones life.
Here are some inserts from Attoreny General Eric Holder's position on the crack cocaine laws:
Friday July 15, 2011
Only a year late, AG Holder sees light and reverses course on FSA pipeline sentencing issue.
Regular readers know that, since the Fair Sentencing Act became law in August 2010, lower courts have been divided over whether the defendants who committed crack offenses before the FSA was enacted but had not yet been initially sentenced should get the benenfit's of the FSA'S new mandatory minimum provisions. And, as I explained in this post way back in October 2010, I have been troubled and disappointed that the Justice Department had been arguing in these ''pipeline'' cases that defendants should continue to be sentenced under the old law repealed 100-1 crack/powder ratio if their crimes were committed before August 3, 2010.
I am now pleased to report than I need not be troubled or disappointed by DOJ's position on this issue anymore, because today Attorney General Eric Holder has come to see the statutory sentencing light and reversed course. In a two-page memo to all federal prosecutors dated July 15, 2011, AG Holder details his new view on this issue:
In light of the differing court decisions--and the serious impact on the criminal justice system of continuing to impose unfair penalties--I have reviewed our posiion regarding the applicability of the Fair Sentencing Act to cases sentenced on or afther the date of enactment. While I continue to believe that the Savings Statute, 1 U.S.C 109, precludes application of the new mandatory minimums to those sentenced before the enactment of the Fair Sentencing Act, I agree with those courts that have held that Congress intended Act not only to ''restore fairness in federal cocaine sentencing policy'' but to do so as expeditiously as possible and to all defendants sentenced on or after the enactment date. As a result, I have concluded taht the law requires the application of the Act's new mandatory minimum sentencing provisions to all sentencing that occur on or after August 3, 2010, regardless of when the offense conduct took place. The law draws the line at August 3, however. The new provisions do not apply to sentences imposed prior to that date, whether or not they are final. Prosecutors are directed to act consistently with these legal principles.
Though I am pleased that AG Holder has now seen the light on this issue of statutory interpretation, I remain deeply disappointed that the Justice Department argued a contrary (and, in my view, deeply misguided) position in courts around the nation for nearly a year. Among the costs fo this mistake has been a large number of sentencings based on the old law that now will need to be redone, not to mention many litigation resources expended as defense counsel and judges have been force to grapple with DOJ's prior position. So while I celebrate DOJ now getting this right, I cannot help but express sadness that this reversal of course took so long.
Among the benefits of this change of position should be a quick end to lots of district and circuit (and possible SCOTUS) litigation over this pipeline issue. But, of course, the principal benefit to this new DOJ policy is that more defendants will now be able to benefit from the fairer sentencing terms that Congress created through this enactment of the FSA last year.
Some post of this FSA pipeline issue:
*Why is Obama's DOJ, after urging congress to ''completely eliminate'' any crack/powder disparity, now seeking to keep the 100-1 ratio in place as long as possible?
*Senators Leahy and Durbin write letter to Attorney General Holder urging application of FSA to pending cases
*Adding my two cents concerning application of the FSA pending cases
*A few more thoughts on applying the FSA to not-yet-sentenced defendants
*New USDC opinion applying new FSA law to not-yet-sentenced defendants
*WSJ notes dispute over application of FSA to pending cases
*A (partial) account of deep split over application of FSA's new statutory terms to pipeline cases
*Seventh Circuit rejects FSA's application to defendants sentenced after it changed crack statutes
*Dissenting from denial of en banc review, Judge Williams make strongest case for applying FSA to pipeline cases
*First Circuit affirms Douglas, holding lower FSA crack minimums apply in pipeline cases
*Eleventh Circuit panel rules FSA's lower crack terms apply to defendants sentenced after enactment
*Eleventh Circuit panel re-issues (updated) opinion finding FSA lower crack mandatories apply all sentenced after FSA
We are looking for all feedback on ''True Story'' and Eric Holder
Thank You
Here are some inserts from Attoreny General Eric Holder's position on the crack cocaine laws:
Friday July 15, 2011
Only a year late, AG Holder sees light and reverses course on FSA pipeline sentencing issue.
Regular readers know that, since the Fair Sentencing Act became law in August 2010, lower courts have been divided over whether the defendants who committed crack offenses before the FSA was enacted but had not yet been initially sentenced should get the benenfit's of the FSA'S new mandatory minimum provisions. And, as I explained in this post way back in October 2010, I have been troubled and disappointed that the Justice Department had been arguing in these ''pipeline'' cases that defendants should continue to be sentenced under the old law repealed 100-1 crack/powder ratio if their crimes were committed before August 3, 2010.
I am now pleased to report than I need not be troubled or disappointed by DOJ's position on this issue anymore, because today Attorney General Eric Holder has come to see the statutory sentencing light and reversed course. In a two-page memo to all federal prosecutors dated July 15, 2011, AG Holder details his new view on this issue:
In light of the differing court decisions--and the serious impact on the criminal justice system of continuing to impose unfair penalties--I have reviewed our posiion regarding the applicability of the Fair Sentencing Act to cases sentenced on or afther the date of enactment. While I continue to believe that the Savings Statute, 1 U.S.C 109, precludes application of the new mandatory minimums to those sentenced before the enactment of the Fair Sentencing Act, I agree with those courts that have held that Congress intended Act not only to ''restore fairness in federal cocaine sentencing policy'' but to do so as expeditiously as possible and to all defendants sentenced on or after the enactment date. As a result, I have concluded taht the law requires the application of the Act's new mandatory minimum sentencing provisions to all sentencing that occur on or after August 3, 2010, regardless of when the offense conduct took place. The law draws the line at August 3, however. The new provisions do not apply to sentences imposed prior to that date, whether or not they are final. Prosecutors are directed to act consistently with these legal principles.
Though I am pleased that AG Holder has now seen the light on this issue of statutory interpretation, I remain deeply disappointed that the Justice Department argued a contrary (and, in my view, deeply misguided) position in courts around the nation for nearly a year. Among the costs fo this mistake has been a large number of sentencings based on the old law that now will need to be redone, not to mention many litigation resources expended as defense counsel and judges have been force to grapple with DOJ's prior position. So while I celebrate DOJ now getting this right, I cannot help but express sadness that this reversal of course took so long.
Among the benefits of this change of position should be a quick end to lots of district and circuit (and possible SCOTUS) litigation over this pipeline issue. But, of course, the principal benefit to this new DOJ policy is that more defendants will now be able to benefit from the fairer sentencing terms that Congress created through this enactment of the FSA last year.
Some post of this FSA pipeline issue:
*Why is Obama's DOJ, after urging congress to ''completely eliminate'' any crack/powder disparity, now seeking to keep the 100-1 ratio in place as long as possible?
*Senators Leahy and Durbin write letter to Attorney General Holder urging application of FSA to pending cases
*Adding my two cents concerning application of the FSA pending cases
*A few more thoughts on applying the FSA to not-yet-sentenced defendants
*New USDC opinion applying new FSA law to not-yet-sentenced defendants
*WSJ notes dispute over application of FSA to pending cases
*A (partial) account of deep split over application of FSA's new statutory terms to pipeline cases
*Seventh Circuit rejects FSA's application to defendants sentenced after it changed crack statutes
*Dissenting from denial of en banc review, Judge Williams make strongest case for applying FSA to pipeline cases
*First Circuit affirms Douglas, holding lower FSA crack minimums apply in pipeline cases
*Eleventh Circuit panel rules FSA's lower crack terms apply to defendants sentenced after enactment
*Eleventh Circuit panel re-issues (updated) opinion finding FSA lower crack mandatories apply all sentenced after FSA
We are looking for all feedback on ''True Story'' and Eric Holder
Thank You
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