[Vince] [REDACTED]
[REDACTED]
Jailhouse Lawyer Initiative
[REDACTED]
Global Justice Clinic
139 MacDougal Street, B22
New York, New York 10012

Dear [REDACTED]:
I am writing in regards to a letter I received from the founder of Jailhouse
Initiative a Mr. Jhody Polk, Issue #9 dated; September 2023. The letter contained
several key topics of social justice reform sparking my interest to write to you
seeking to educate you in detail about United States of America Incarcerated
Prisoners.

Moreover, your brief biography mentioned exactly what I have been experiencing
for the past twenty five(25) years under an unconstitutional law inacted in 1994
by California Governor Pete Wilson, Title Three Strike Law. However, your state-
ment about racial justice and ending mass incarceration, is what push me over the
edge to write you.

So let me start by introducting my self. My name is Vince [REDACTED] I am
62 years young. I have been a JAILHOUSE LAWYER since my date of conviction and
sentence in 1998. I aspire to own a Billon Dollar Philanthropy Foundation committed
to eradicate the Epidemic of Discriminatory Unconstitutional practices through my
Non-Profit VP Interprise Corporation LLC.

I anxiously await the Jailhouse Initiative Reentry Mudule to be shared with US fellow Jailhouse Lawyers, such as myself. Due to the fact I personally teach prison Reci-
divism Reentry here at U.S.P. [REDACTED] KY, and personally can vouch for the Reentry advice Mr. Darren Breeden wrote about in his well drafter letter to all of US (Bro-
thers and Sisters Incarcerated Prisoners & Ex-Convicts).

My challenge to you [REDACTED] and your fellow team of student advocate at Global-
Justice Clinic is can you and fellow team members assist me in holding those in
authority feet to the fire on the very policies they preach to the American Public
-about, on ending mass incarderation. ? ?

At present I have well over one hundred registered justice reform organizations
I have personally written to seeking there support in one form or another.
Believe it or not Jailhouse Initiative is thee only organization I've yet receive
a response from.

If we both truelly desire to end mass incarceration (control) we can not be satis-
fied with a handful of watered down prison reformy. We must hold those in autho-
rity feet to the fire. In other words hold those in authority to their word. So i
nstead of me giving youa drawn out lecture. I have take the initaive to enclose
a small fraction of the unsolicited letters I have written to those in authority seeking supprot in my endeavor to help slash Americas 2.2 million incarceration
rate.

I pray these documents give you a view at my vision to making meaningful transfor-
mation in helping create a system of small Business that in turn promote ownership,
local employment, expansion and overall community economic development for each
individual ex-felon returning to their home communities. This recidivism Rehabili-
tation Redemption, Program consisting of entrepreneurs bankers executive corporate
C.E.O., Political advocates, Professional athletes, and celeberities, stars of the
music world and television can only happen with team work.

I intent to personally write a response to each Jailhouse Initaitive Lawyer seeking
there experties skills to assist my fight for my freedom & justice. Keep in mind [REDACTED] I have already serve the maximum time for my instant offense of Anın
Robbery which is twenty five(25) years day for day. However, I am fighting for
what little life I have left. Explaining how unconstitutional this Three Strick Law violate the Equal Protection and Federalism Clause to those in authority to change
this law. If you have a direct line you could send me to communicate in real time
to effectively build a stronger working relationship that would be a blessing.

You can send me your contact info through my text service at [REDACTED].


Sincerely, [Vince] [REDACTED]
Dated 1-8-23

RE: Conviction Integrity Unit Program
TO WHOM THIS MAY CONCERN:
I am requesting to know if your Integrity Unit Program applies to the Federal Government as well, if so i have a federal prior conviction your office may be interested in and may want to investigate, if not can your direct me to the people who might be able to aid my cause on an ex-felon in possession case.

Respectfully Yours
Dated: 7-20-22
MR [Vince] [Redacted]
Kentucky [Redacted]

C.C. Filed:


Exhibit (C-2)
Page-1
Mr. Vince
[Redacted]
Kentucky [Redacted]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA [Redacted]

VINCE,
Petitioner,
V.
UNITED STATES OF AMERICA,
Respondent.

D.C. No. 1:82-CR-0123-AWI-1
The Honorable [Redacted] Senior Judge Presiding
28 U.S.C. §1651(a)

TO THE HONORABLE SAID COURT:
PETITION FOR WRIT OF ERROR CORAM NOBIS TO VACATE, SET-ASIDE CONVICTION AND SENTENCE BY A PERSON IN FEDERAL CUSTODY

PETITIONER-INFORMATION:
FULL NAME:
Mr. Vince [Redacted]

STATUS :
Federal Prisoner
REGISTERED NUMBER: [Redacted]
PLACE OF CONFINEMENT: [Redacted]
ADDRESS: [Redacted]

Page-2

RESPONDENT'S-INFORMATION:
FULL NAME: [Redacted]
TITLE: United States Attorney
ADDRESS: [Redacted]

JURISDICTION AND VENUE
This Court has jurisdiction over this matter under 18 U.S.C. §3231 and 28 U.S.C. §1651(a); Arising over the expired .... conviction and sentence. The Court's venue over this proceeding is under 28 U.S.C. §84(b), as the incident arised within the Eastern District of california ("Fresno Division").

EXHAUSTION OF ADMINISTRATIVE REMEDIES
The defendant exhausted his post conviction rights in this matter on April 3, 1985, in which was denied on or about June 1986., on or about June 14, 2012., [Vince] attempted to file a 28 U.S.C. §2255(h) Second or Successive Motion, and was denied, thereby leaving him no avenue of relief for an expired conviction.

REASONS FOR GRANTING THE WRIT
A. CURRENT GROUNDS FOR RELIEF:
1. Ground One:

Page-3

Defense Counsels Violated Mr. [Redacted] Sixth Amendment Rights To Effective Assistance When They Tricked Their Client Into Accepting A Plea of Guilty With Out The Benifit of A Written Contract:
SUPPORTING FACTS:
Former defense counsels Mr. [Vince] and Ms. [Redacted] colluded against their client, by Ms. [Redacted] coming to the Local County Jail Lockup, and presenting a faked written plea agreement, in which she said was a ("12") year plea deal the Government was offering, however, the defendant immediately rejected the offer, unless, the AUSA Mr. [Redacted] was willing to allow [Vince] to plead to unarm bank robbery, because no "gun" was involved in the incident.

On April 7, 1983., Ms. [Redacted] said that [Vince] will not get a better deal, then became angry over [Vince's] refusal to accept otherwise, then threaten to seek disqualification off the case, if he did not agree to plead guilty, but included an caveat, that she will include the following:
1. Reduce to Unarmed bank robbery
2. Concurrent sentences with his State Case
3. credit for time served towards his Federal case

On March 1, 1983., Former Defense Counsel Mr. [Redacted] instructed his client to just reply "yes" or "no" to

Page-4

the sentencing Judge's questions, the court made any reference too, because otherwise the Government may withdraw the plea offer, "if" AUSA Mr. [Redacted] did not like [Vince's] response, and the Movant complied without realizing he had been decieved by his attorneys who failed to inform their client he was ajudged guilty of 18 U.S.C. §2113(d) Armed Bank Robbery.

2. Ground Two:
[Vince] Is Actually Innocent of The Arm Bank Robbery Component of Subsection § 2113(d) Which Is The Approximate Cause Of His Current Robbery Enhancement:
The Government inserted subsection §2113(d) as a practice and custom in all bank robbery case back in the eighties, of which the courts never call the United States out for such things, despite the facts involved shows that petitioner had no "weapon" of any kind, in which vidoe surveillance proves that fact, moreover it is the approximate reason why Movant has a life sentence on his new case for bank robbery.

REQUEST FOR RELIEF
Wherefore, the petitioner respectfully prays that this honorable court will order the respondent to file a retrun in this matter and grant any and all relied available. Respectfully Submitted
Dated:
Mr. Vince [Redacted], pro-se

Page-5
VERIFICATION UNDER THE PENALTY OF PERJURY
I, [Vince], hereby certify, verify or affirm, that the foregoing is true and correct to the best of my knowledge under 28 U.S.C. §1746.
Dated:
Affiant Mr. [Vince]

NOTARY ACKNOWLEDGEMENT
Before me, the undersign notary public, on this day appeared Mr [Vince], who, being by me duly sworn is the petitioner in the above cause, and had read the above motion, and that every statement contained is within his personal knowledge, information and belief.

STATE OF KENTUCKY
SS:
[Redacted] COUNTY
Signature
NOTARY PUBLIC
MY COMMISSION EXPIRES ON
C.C. Filed:
Page-6

IV. ARGUMENT AND AUTHORITIES
Α. Standard of Review:

The Writ of Error Coram Nobis, is an extraordinary form of relief, used only to review errors of the most fundamental character. Matus-Leva V. United States, 287 F.3d. 758, 760 (9Th Cir. 2002). The Supreme Court has made clear that Coram Nobis, is highly an unusual remedy only available to correct grave injustices in an narrow range of cases, where no more coventional remedy exist at bar. Carlisle V. United States, 517 u.s. 416, 429 (1996) . The procedures under 28 U.S.C. §2255 does not supercede the Writ of Error pursuant to 28 U.S.C. §1651(a). Chaidez V. United States, 568 U.S. 342, (2013) (citing) United States V. Morgan, 346 U.S. 501, 511 (1954) . Section $2255 does not supercede all remedies of a judgment and sentence when the defendant is no longer in custody on that conviction. United States V. De Mario, 246 F.Supp. 786, 788 (E.D. Mich. 1965) .
It is black letter law, that Coram Nobis is still available wherea petitioner demonstrates he is able to show these following factors, (1). a more ususual remedy is not available; (2). valid reason exist for not attacking the conviction eirlier; (3).the adverse consequences exist from the conviction sufficiently satisfy the case and controversy requirement of Article III; and (4). errors are of the most fundamental. Hirabayshi V. United States, 828 P.2d. 591, 604 (9Th Cir. 1987). and failure to meet these requirements is

Page-7

fatal to the defendant's cause.

1/__

Here, Coram Nobis relief is available, because [Vince] can overcome each and every hurdle, because the case under attack is expired, and petitioner is foreclosed pursuant to 28 U.S.C. $2255, of which does not apply to a judgment Movant is no longer serving time for, moreover, the conviction ME. [Vince] is presently serving a sentence under has born an adverse consequences, from the prior conviction, based upon the fact it assigned a criminal element under 18 U.s.c. §2113(d), the defendant was not guilty thereof, in which cause [Vince] to recieve a ("Life") sentence under section $3559, over a false fact, he and his co-defendant was not guilty of using.

FIRST ISSUE:
[Vince] Is Actually Innocent of Using A Firearm During A Bank Robbery Offense:
Being actually innocent of an element of a crime later used to enhance a defendant's sentence, amounts to extraordinary circumstances, warranting relief at bar.
1 / The Government committed fraud upon the court, the last time defendant had raised this issue, because he was not in custody on the judgment under which he was attacking. United States V. Brown, 413 F.2d. 878, 881 (9Th. Cir. 2969) ([Redacted], dissenting"). Whereas section §2255 does notauthorize challenges to expired convictions, used to enhance a later sentence.

Page-8

A district court is required to determine on a basis of all evidence before it at the time of judgment, that the defendant's conduct matches the offense charged. United States V. Alber, 56 F.3d. 1106, 1110 (9Th Cir. 1995) (citing) ("Fed.R.Crim.P. 11(f)"). The factual basis for the plea must be developed on the record of the rule 11 hearing. Santobello V. New York, 404 U.S. 257, 261 (1971). Acourse, the court need not be convinced beyond a reasonable doubt that an accused is guilty. United States V. Neal, 547 F.2d. 95, 96 (9Th Cir. 1976) (per curiam) .
Bere, the petitioner contends, that the colloquy was insufficient to establish a factual basis for the use of a ... firearm during the commission of a bank robbery offense. United States V. Dinkane, 17 F.3d. 1192, 1196-98 (9Th Cir. 1993) . Because the Government offered no evidence or testimony from the arresting officer, that a weapon was used during the offense. Accord: United States V. Kaluna, 152 F.3d. 1069, 1079 (9Th Cir. 1997) (vacated and remanded). Rather, the court explicitly relied upon the defendant's machanical response to the court's questioning, in which counsel was feeding those answers to [Vince] during the hearing, while he was standing besides the petitioner, which does not meet the requirements of due process. 2/__
_________________________________________
2/__ The Supreme Court has held, that actual innocence of a sentence does in fact exist. McQuiggin V. Perkins, 133 S.Ct. 1924, 1031-32 (2013). which should apply even in this context.

Page-9

SECOND ISSUE:
Counsel Provided Ineffective Assistance of Counsel By Using Trickery and Artifice To Aid The Government In Obtaining A Finding of Guilt On A False Fact of Using A Non-Existing Firearm:

Counsel provided deficient performance by aiding the United states to obtain a guilty plea sentence upon a firearm [Vince] never used during a bank robbery offense, amounting to prejudice, because it was later used as an enhancement to impose a life sentence upon the defendant, he would have never faced had it not been for counsel's deception, that caused a unknown conflict of interest between the parties, thereby warranting relief.

The relevent standards governing an ineffective assistant of counsel claim is succinctly stated in Lafler V. Cooper, 566 U.S. 156, 162-63 (2012). Confirming that a defendant is entitled to effective assistance during plea negotiations. Nunes V. Mueller, 350 F.3d. 1045, 1053 (9Th Cir. 2003) . Accordingly; a defendant ("may" ) challenge a guilty plea based on deficient counsel, if that advice was not within the range of competence required of criminal lawyers. McMann V. Richardson, 397 U.S. 759, 770-71 (1970).
Here, counsel was told expressly not to accept any plea offer, in which included a firearm enhancement. Lopez V. Scully, 58 F.3d. 38, 41-42 (2d. Cir. 1995). However, counsel played

Page-10

alone with his client, faked a written instrument, and at sentencing [Vince] was sentenced under subsection §2113(d), where counsel knew his client would be legally unaware, that his lawyers had undermined his wishes. Sullivan V. Culyer, 723 F.2d. 1077, 1084- 85 (3d. cir. 1983); amounting to prejudice, because it was later used to unconstitutionally enhance his new sentence from ("25") years to life, moreover, the court, counsel, nor the prosecution looked at the fact, the court was not authorized to impose post sentencing supervise release, because of the life sentence.

Furtheremore, a defendant cannot waive a client. -attorney conflict, he was not aware about until, after the fact. United States ex. rel. Duncan V. O'Leary, 806 F.2d .- 1307, 1314 (7Th Cir. 1986), cert. denied, 481 U.S.1041 (1987). It should be ovious, that former defense counsel operated against his client's interest, amounting to prejudice, because had counsel presented the guilty plea contratc [Vince] signed, he would not have an "life" sentence, and have no more, than ("22") years.

CONCLUSION
Wherefore, petitioner prays, that this court will grant the application on the merits, to resolve a miscarriage of justice.

Respectfully Submitted
Mr. [Vince], Pro-se
c.c. Filed: 10-18-21
Exhibit (C-1) 2/17/9

[Redacted]
United States Attorney
[Redacted]
Assistant United States Attorney
[Redacted]

Attorneys for Plaintiff, United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERICA,
Plaintiff,

V

[Vince], [Redacted], and [Redacted]
Defendants

CR-S-98-309-JBR(RJJ)

CRIMINAL INFORMATION

In accordance with 18 U.S.C. § 3559(c)(4), the United States of
19 America informs this Court that in the event of a conviction on the superseding indictment in the above-captioned case, the United States will seek a sentence of mandatory life imprisonment pursuant to 18 U.S.C. § 3559[c)(1) for the following 22 defendant:

[Vince]
Defendant [Vince] is eligible for mandatory life imprisonment based on the following
convictions for serious violent felonies:

(1) Armed Bank Robbery in violation of 18 U.S.C. 5 2113(a) & (d), which conviction occurred in the United States District Court for the Eastern District of California, on March 1, 1983, Case No. CR-F-82-123-EDP; and
(2) Armed Bank Robbery in violation of 18 U.S.C. § 2113(a) & (d), which conviction occurred in the United States District Court for the Southern District of California on April 4, 1990, Case No. CR-89-879-A-MRP.

Certified copies of the aforementioned convictions are attached 5 hereto as Exhibit 1.

DATED this 17th day of February, 1999.
11
Respectfully submitted,
[Redacted]
United States Attorney

[Redacted]
Assistant United States Attorney

CERTIFICATE OF SERVICE
The undersigned hereby certifies; That she/he is an employee of the United States Department of
Justice and is a person of such age and discretion as to be competent to serve papers; and that on the 7 day of February 1999, she/he served a copy of CRIMINAL INFORMATION by placing said copy in a postpaid envelope addressed to the persons hereinafter named, at the addresses stated below, which are the last known addresses, and by depositing said envelope and contents in the United
States mail at the United States Attorney's Office, [Redacted]

[Redacted]
Attorney for [VINCE]

[Redacted]

[Vince] [Redacted] California [Redacted]
Attn: [Redacted]
Dear Mr. [Redacted],
I have previously written you regarding the "Three Strikes Convictions. This is just a follow up letter. I would like to know if there is any assistance that you can provide?

I am trying to attack a (28) twenty-eight year old prior Robbery Conviction. As I stated in the previous letter, I would like to make arrangements to discuss this further with you either by legal call or attorney visit.

I am earnestly seeking your valuable assistance in this matter. I thank you for both your time and consideration which are both very much appreciated.

Sincerly, [Vince]
P.S. Your timely reply will be very helpful.

[Redacted]
February 7, 2013
MR. [Vince] [Redacted]
Dear [Vince]:

After reviewing your letter dated January 12, 2013, and unsuccessfully trying to locate the information concerning the FDIC Certificate Number [Redacted] for the [Redacted] for May 7, 1982 online. I have requested our investigator to try to obtain this information. Whether he can locate the FDIC Certificate Number [Redacted] for the [Redacted] for May 7, 1982, remains to be seen. Nevertheless, the Center will let you know when he concludes his investigation.

The Center has attempted to contact you at [Redacted] on numerous occasions and continues to receive a busy signal as usual for a Federal Institution. It would be easier for you to place the above listed phone number on your approved phone list and call the Center. Generally, the Office Manager answers all calls and he will be able to advise you whether he believes that we can assist you in obtaining the necessary relief you want.

Mr. [Redacted] has contacted the Center several times on your behalf. If you are trying to seek relief from your prior conviction for the [Redacted] robbery in 1982 in [Redacted], then the suggested route for that conviction would be a motion for writ of error coram nobis, if you have already served the time on that conviction and the Center assumed that you have. Once that conviction is vacated then you might be able to obtain relief under the Savings clause for your current conviction if the [Redacted] conviction was used for enhancement purposes. However, there are no guarantees on either conviction in the federal court system. Nevertheless, put us on your approved phone list and call so that there will not be any miss-communications.

Your assistance in this matter is greatly appreciated. Thanks.
Sincerely,
[Redacted]

Page-1
[Redacted]
RE: DRAFT BILL REQUEST:

Sir,
I am writing to you seeking assistance in pursuing a bill amendment to 18 U.S.C. §3559, due to the fact that this provision of law more than likely violates the equal protection clause of the United States Constitution, because that statute has no kind of limitation period like the Federal Guidline version, in which is ("15") years old or more relating to prior convictions.

The reason why I am asking you about this, is because I was a victim of section §3559 enhancement, were my prior conviction in ("1982") was used upon a statute, that was not enacted until (1994), which the courts are holding is not a ex post facto violation.
I don't see how that a time restriction can be placed upon the U.S.S.G., but not upon section §3559, which can be made retroactive, to resolve the Life sentence being imposed upon black males mostly .?

Therefore, I request your assistance.please.

Respectfully Yours
Mr. [Vince] [Redacted] kentucky [Redacted]
C.C. Filed:

[Vince] KY [Redacted]
[Redacted]
RE: Compassionate Release Assistance Case NO. 2:98-cr-00309-KJD RJJ
Dear [Redacted]
I am writing to forward you a copy Of my pending Motion in fresno California US District Court. Id. Keep in mind this Error Coram Nobis has been Pending since October 18th 2021 almost two years now.
What I was hoping was getting you to assist me finding affordable legal Representation to litigate this Prior 1982 Alleged Arm Bank Robbery Conviction and Sentence in US District Court in [Redacted] California Juris- -Diction. Id. I have a valid Actual Innocence Claim, however for you to Fully understand the Jurisdictional Complexity Of how my instant [Redacted] out Of Las Vegas NV US District Court are Tied Together. I have Attached a copy a letter I wrote for my Las Vagas Fedral Public Defenders Who Where Assigned to file my compassionate Release.
Accordingly I have labeled said letter("Exhibit"c" ) Titled Unduly Harsh Nature Of Sentence. You Should be able to Follow my Blue Print Jurisdictional problem just by reading ("Exhibit"C").If you have any Questions concerning anything You can Text Me at my at my number [Redacted]

Inconclusion: this month makes Twenty Five (25) Years Straight i have Been Incarcerated on my instant Offense out of Las Vegas NV. And Arm Bank Robbery Statute Only Carries A maximum Punishment of "25" Years. If you Need Financial Payments let me know and i will do whatever Necessary to Accommodate you.

Sincerely
Dated