A CRUMBLING CONSTITUTION, WILLIAM UNDERWOOD'S CHALLENGE
This petition had 104 supporters
When does PUNISHMENT become ABUSE.... ABUSE become REVENGE ... REVENGE become INHUMANE and HOLOUCASTIC?
For years prisoners, like William Underwood, have been denied access to the courts……after making Sixth Amendment challenges to the Application of the Federal Sentencing Guidelines over 23 years ago at trial, sentence and on direct appeal. This appalling injustice has lead to the formation of the website, INPRISON.net…
Dedicated to the Resurrection and Reaffirmation of the Fifth and Sixth Amendments in the jury trial system which reads in part:
During trial Underwood made a Sixth Amendment challenge/objection to the district court's practice of finding elements of his offense, termed "sentencing factors" or "sentencing enhancements" by a preponderance of the evidence instead of by jury beyond a reasonable doubt. And the fact that those findings would subject him to a greater sentence under the Sentencing Guidelines for conduct that was concluded before the guidelines took effect. Underwood made this Sixth Amendment challenge at trial; in his PreSentence Investigative Report ("PSR"); at Sentencing; on Direct Appeal; and on first § 2255.
Enclosed is the affidavit of Attorney Ellen B. Resnick, submitted to the Second Circuit Court of Appeals, in which she states:1.
I am an attorney duly admitted to practice law in the State of New York and before this Court and am a member of the CJA Panel of this Court. I am an associate of Alan S. Futerfas, Mr. Futerfas along with Gerald Shargel represented William Underwood at his trial in 1989 before the Honorable Judge Miriam Goldman Cederbaum in the Southern District of New York. As Mr. Underwood is serving a life sentence, and I believe, is entitled tosubstantial relief in light of Booker, Blakely and Apprendi, the requested relief should be granted. Indeed, I believe Mr. Underwood may be the only petitioner in the country who-years before Apprendi-expressly raised and preserved the Sixth Amendment challenge to the Federal Sentencing Guidelines that Booker now recognizes.
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