Unfortunately, on the evening of my Stepmother's first year of her, death anniversary dying from the deadly disease of cancer, Judge Robert H Cleland, decided to sign , my father's paperwork (Febuary, 23rd 2018) regarding his Compassionate Release. Of course, Judge Cleland denied my father's Compassionate Release.
Our family was really hurt, and felt humiliated, betrayed, and disrespected that he would sign them on that day, knowing that was the eve of my father's wife's death and that our family was already grieving the loss, of our beloved one.
My thing is, it had set on the judges desk for months, when I would call and ask the clerk, when would the judge be signing the paperwork , for months she would say, when he gets around to it. I'm like okay, it's been some months now.
Judge Robert H Cleland, also stated, that the Illnesses, my father have are known to be in a black man his age. I feel that was totally discrimination and unfair to say. Judge Robert H Cleland, also stated that, he had no problem with my father Felix Walls, receiving a Pardon, or Compassionate Release, after he dropped all of his motions on him March 10th 2016.
President Donald Trump, my father was approved for his Compassionate Release, by the BOP, the Warden, at his facility, as well as the Prosecutor, on his case.
I'm asking if you can use your vested power, in helping my father, Felix Walls gain his freedom.
I realize that, my father has made some bad choices, in the past, that I'm not happy with, again I still don't want to see him die in prison for a Non-Violent Crime.
This is a Motion that my father just recently filed..
Now into Court comes we the people on behalf of the undersigned Mr. Felix Walls per his request we file Writs of Habeas Corpus serving notice that he's actually innocent. Where the United States District Court judge vigorously used his vested powers/ordered the jury to disregard the last pertinent 15 minutes of Mr. Walls' closing argument after a two week trial directing an unconstitutional verdict of guilt. In spite of the following Constitutional violations: Court directed verdict knowingly withholding material evidence, vindictive life sentence imposed for appealing the 30 year sentenced/double jeopardy, denial of compassionate release, and placing of a society banning against Mr. Walls. All occurred after the B.O.P guaranteed Mr. Walls compassionate release if he dismissed his BP-9 thereafter Mr. Walls was transferred to the United States District in Detroit, Michigan where he entered into a second agreement with the Court and government to dismiss his 17 pending motions and they would not object to clemency/compassionate release.. The motion for Mr. Walls release was filed on June 19, 2017 and denied on February 24, 2018. In denial of the 18 U.S.C 4205(g) motion filed by the government the Court placed a banning from society marring and belittling the severity of Mr. Walls' medical condition being an African American. See as Attached Appendix [G]. We the people state regardless of the inadequacy and unajudicated Constitutional violations Mr. Walls is being illegally held in restraint of his liberty. Where he has fully served his sentence pursuant to 21 U.S.C 841 (b)(1)(c) more than eight years ago.. Due to the numerous Constitution violations appearing to the District Court Judge no judgment could be signed and entered on February 3, 2003 and no resentencing can be imposed on August 6, 2006 without Shepard documents both are null and void due to being unconstitutional. See United States v. Aguago-Delgado 220, F.3d 926 at 933(8th Cir. 2000) See Shepard v. United States 544 U.S.13 (2005) See also Strickland v. Washington 466 U.S. 668 104 S. Ct. 2052,2064 80 I.Ed.2d(1984)
Jurisdiction
1. The Article I constitutional jurisdiction that empowered this Honorable Court are invoked pursuant to Article 1 Section 9 Clause 2 which vest the court with the power to grant the great writ forthwith:
Where the privilege of the Writ[s] of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion of the public safety may require it.
Statutory Jurisdiction
2. The Courts statutory jurisdiction is invoked under 28 U.S.C 2241 where. Writs of habeas corpus may be granted by the Supreme Court any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.
Facts
3. The historical facts that lead up to the Constitutional violation and illegal restraint and imprisonment of Mr. Walls are sworn here to and stated as follows:
4. Mr. Walls was indicted on Jan, 21 1992 where the original indictment were sealed. See Attached as Appendix [A].
5. Mr. Walls was arrested in Ontario California on September 6, 1993 and arraigned in Santa Ana, California on September 7, 1993 and held without bond and transferred to the city of Detroit, Michigan.
6. The A.U.S.A obtained the first superseding indictment on December 14, 1994. Where the government fail to charge a drug quantity/nor did the A.U.S.A charge a penalty under 21 U.S.C 841(b). See Attached as Appendix(B)
7. In 1995, Mr. Walls was forced into the first trial presided over by Judge Avern Cohn who's son is Sheldon Cohn who was Mr. Walls' business partner in the gambling casino deal in Long Island, Bahamas. Where he Mr. Walls was illegally convicted on and sentenced to 30 years based on a 30 year old prior conviction without Shepard documents See Judgment and Commitment order. See Attached as Appendix [C].
Unconstitutional Restraint
Ground One: The sworn historical facts with supporting argument overwhelmingly evidence that Mr. Walls is being illegally held in restraint of his liberty. Where the sentence/judgment was satisfied more than eight years ago pursuant to 21 U.S.C 841 (b)(1)(c) where he is now being held in violation of the fifth, sixth, and thirteenth Amendment. And pray for Writ of Habeas Corpus to issue forthwith pursuant to the Eighth Circuit holding under United States v. Aguago-Delgado, 220 F.3d 926, at 933 (8th Cir 2000)
Ground Two: We the people points out on behalf of Mr. Walls that his fifth and sixth Amendment protectors rendered ineffective assistance of counsel.. When defense and appellate counsels neglected/waivered Mr. Walls fifth and sixth Amendment statutory rights pursuant to 21 U.S.C 841(b)(1)(c). Where the statute carried a maximum federal sentence of 20 years. Due to the fact no drug amount nor penalty were charged in the original superseding indictment. Both attorney failure to advise their client regarding the above rights before the 1995 sentencing and appeal violated Mr. Walls constitutional rights.
8. Where the neglect caused Mr. Walls to be exposed to a life sentence upon winning a second trial. The historical facts demonstrated that counsel[s] not only fail to advise their client regarding 21 U.S.C 841(b)(1)(c). Both attorneys did not research the law and investigate the state and federal prior convictions. Before the 30 year sentence was imposed. See Shepard v. United States, 544 U.S. 13(2005). Where both counsels had a vested sworn duty to protect Mr. Walls' rights as their client at every stage of the proceedings. By obtaining the proper certified documents under Shepard v. United States supra. See also Strickland v. Washington 466 U.S. 668, 1045.Ct. 2052 2064 and 80L.Ed.2d.(1984).
9. The failure to advise Mr. Walls of his Constitutional rights at the sentencing and appellate stage both counsels violated Mr. Walls' fifth and sixth Amendment rights causing their client to suffer injury by being charged a greater statutory violation and sentenced to life in prison. The above deprivations of rights are repugnant to the Constitution which caused a substantive due process violation. Which were most prejudicial and injurious to Mr. Walls such as exposing him to vindictive prosecution.
10. The sixth Amendment counsel render ineffective assistance of counsel on behalf of Mr. Walls in the District Court and the Appellate Court and thereby caused the constitutional violation. Due to their failure to protect his Constitutional rights and properly advise Mr. Walls that under the original and the first superseding indictment he could only be sentenced to a 20 year maximum sentence under 21 U.S.C 841 (b)(1)(c) not 30 years. See Attached as Appendix [A,B, and C] See Strickland supra. Where Sixth Amendment counsel had a duty to investigate/research the law and make the information known to his client.
11. The grand jury charged Mr. Walls in part as follows: Count One 21 U.S.C 846 Conspiracy to Possess With Intent to Distribute and to Distribute Cocaine. From and after January 1, 1985 said date being approximate, and continuing to the date of this indictment, in the Easter District of Michigan, and elsewhere, FELIX WALLS, ALAN FIELDS, GEORGE BONE, BRUCE BRANDT aka BRUCE BRANT, W. DEAN GODSBY, YOLANDA ANDRADE and others whose names are both known and unknown to the grand jury, did knowingly, intentionally and unlawfully combine, conspire, confederate and agree with one another to commit an offense or offenses against the United States, that is, to knowingly or intentionally possess with intent to distribute and to distribute controlled substances, to wit: cocaine, a Schedule II narcotic drug controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). It is to be noted no drug amount and no penalty were charged under 21 U.S.C 841(b). We the people point out no new trial can be held on a greater charged elements. See Attached as Appendix [A and B]
12. On June 15, 1995 the government obtained a conviction on the first superseding indictment after the jury deliberated for five days. Where the court and the A.U.S.A over objection instructed the jury that the court will make the finding and impose the punishment/sentence.
13. On December 6, 1996 Judge Avern Cohn the father of Sheldon Cohn Mr. Walls business partner imposed a 30 year sentence and signed a Judgment and Commitment order with the above violation of 21 U.S.C 841 (b)(1)(c) appearing to the Court. See Attached as Appendix [C]
14. On September 17, 1998 the 30 year sentence imposed and void unconstitutional judgment signed and entered by Judge Cohn was reversed by the Sixth Circuit Court of Appeal. Because the judge violated Mr. Walls' fifth and sixth Amendment rights, by refusing him the right to compulsory process for obtaining witness in his favor such as Bernard Schrolt the governments informant and business partner in the gambling casino deal with Mr. Walls brought Sheldon Cohn in as an investor.
15. In 1998, Judge Robert H. Cleland was newly appointed as the federal judge to preside over United States v. Walls upon being transferred from Bay City, Michigan to Detroit, Michigan in order to replace Judge Cohn per Sixth Circuit order. Due to conflict of interest.
16. On December 17, 1998 the Court permitted A.U.S.A Michael Leibson appear before the grand jury and obtained the second superseding indictment. Where the indictment was abandoned due to a double jeopardy violation. See Attached as Appendix[D]
17. On May 11, 1999 the A.U.S.A appeared before the grand jury for his fourth time and obtained the third unconstitutional superseding indictment that was more than 6 years tardy. It is to be noted the A.U.S.A for the first time charge a drug quantity and penalty under 21 U.S.C 841 (b). That carried life in prison. See Attached as Appendix[E]
18. The A.U.S.A vindictively increased the sentence from 20 years under 21 U.S.C 841 (b)(1)(c) to life in prison, all were carried out without due process of law in order to vindictively punish Mr. Walls more severe for successfully winning a new trial thereby causing Mr. Walls to be illegally held in restraint of his liberty due to trickery and deceit without authority of law. See as Attached Appendix[F and G].
19. The A.U.S.A prejudicial, injurious, vindictive unconstitutional action and deeds were repugnant to the constitution which caused the life sentence to be imposed where the judgments are null and void due to vindictive prosecution and double jeopardy violation.
20. The fifth and sixth Amendment violation caused the life sentence and double jeopardy violation due to the fact the first trial was conducted as charged under the first superseding indictment. Which charged no drug amount in the indictment as an element and no penalty under 21 U.S.C 841(b) the evidence will show that the judge ordered the jury to disregard returning a verdict as to drug amount. See Apprendi v. New Jersey Supra
21. We point out due to this grave error inclusive of the judge becoming the fact finder this caused a substantive Constitutional violation. Where Mr. Walls vehemently objected to such stating that he had a jury trial and that jury can only find guilt as charged in the indictment. See Apprendi v. New Jersey, became an intervening change in the law occurred holding that the government must charge the elements and penalty in the indictment and prove them before a jury trial. See Attached as Appendix [A,B,C and D]
Conclusion
Wherefore by the grace of God the Constitutional violations are presented and pray that Writ[s] of Habeas Corpus issue forthwith ordering that Mr. Walls be released from restraint of his liberty I so pray.
Respectfully submitted,
___________________
Felix Walls