Oct 30, 2015 — Petition For Commutation of Sentence/Clemency
TO : The President of the United States
The undersigned petitioner, Felix Walls, Reg. No. 02414112, date of birth January 19, 1942, a United States citizen, who has no prior filing of said petition, being a federal prisoner; convicted for a violation of 21 U.S.C. 841 and 846 in the United States District Court for the Eastern District of Michigan sentenced to life imprisonment on February 3, 2003, on a plea of not guilty.
Having sought review by the Supreme Court prays for commutation of sentence and/or clemency and in support of my petition I ask that you please take into consideration the fact that this petition also falls under the “Compassionate Release’ as I am a senior citizen with deteriorating health, I can barely move around and barely see at times. I have done over 20 years of imprisonment and such time has been served for a non violent offense. Further, I have a biological daughter who is in desperate need of a kidney donor. I, as her biological father may very well a potential donor for her. I ask that it is taken into consideration that I may very well be her only chance for being a match for her. Further, in support there of the petition I state as follows;
All Subsequent Indictments are in clear violation of the Speedy Trial Act. The delay between the arrest and each superseding trial is in clear violation of the Speedy Trial Act.
Had the supeserseding indictments been timely made (though they were not ) they are defective as a superseding indictment may narrow, but not broaden, the charges made in the original indictment. See 18 U.S.C. §§ 3288-3289; United States v. Miller, 471 U.S. 130 (1985)
The complaint that resulted in the petitioner’s arrest contains a charge not contained in the original indictment but added in a superseding indictment, which is not filed within thirty days of the original complaint; the charge is subject to dismissal. See 8 U.S.C. §§ 3161(b),3162(a)(1)
The original criminal indictment is a fatal, defect, the original indictment does not pass constitutional muster, an indictment “must allege lucidly and accurately all the essential elements of the [crime] . . . charged.” The original indictment failed to meet this requirement, it suffers from a fatal defect and cannot support a conviction. Fatal defects in indictments are jurisdictional, and may be raised at any time. Further the indictment failed to allege drug amounts or penalty statutes, in violation of Apprendi v. New Jersey ,530 U.S. 466 (2000). See also FRCP Rule 7©(1). See Also U.S. v Landham, 251 F.3d 1072, 1082 (2001)
Any factor other than conviction that increases the Defendant sentence must be determined by a jury. See Apprendi v New Jersey, 530 U.S. 466 (2000)* this includes the constitutionality of any prior convictions See Tucker, 404 U.S. 443
The petitioner’s “valued right to have his trial completed by a particular tribunal” is within the protection of the constitutional guarantee against double jeopardy, since it is that “right” that lies at the foundation of the federal rule that jeopardy attaches when the jury is empanelled and sworn. United States v. Martin Linen Supply Co. Also, The Double Jeopardy Clause protects a criminal defendant from multiple successive prosecutions for the same offense that arise from prosecutorial overreaching engaged in with the deliberate intent of depriving him of having his trial completed by a particular tribunal or prejudicing the possibility of an acquittal that the prosecutor believed likely .
Double Jeopardy as well as collateral estoppel precluded further institution of charges as well as successive punishment.
An accused may not be sentenced on the basis of materially false assumptions or misinformation, but must be based upon reliable and accurate information. See Townsend v Burke, 334 U.S. 736, see also Morrisry v Brewer, 408 U.S. 471 (1972).
CERTIFICATION AND PERSONAL OATH
I hereby certify that to the best of my knowledge, information and belief that the information as provided above and contained herein is true and correct. I understand that any intentional misstatements of material facts contained in the petition may cause an adverse action and may subject me to penalties, criminal and/or civil.