Court filing

STRICKEN MOTION FOR RELEASE TO HOME CONFINEMENT PENDING THE RESOLUTION OF… — Dejane Reaniece Lattany (Dkt. 52)

No. 1:23-cr-00074-NYW · Doc. 52 · Docket on CourtListener

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Case No. 1:23-cr-00074-NYW Document 52 filed 11/27/23 USDC Colorado pg 1
of 2

IN THE UNITED STATES DISTRICT

COURT FOR THE DISTRICT OF

COLORADO
FILED
UNITED STATES DISTRICT COURT
UNITED STATES, ) DENVER, COLORADO
1:05 pm, Nov 27, 2023

Respondent ) JEFFREY P. COLWELL, CLERK

) Case Number 1:23CR00074-1
v. ) (Your criminal case number)
)
DEJANE REANIECE LATTANY, )
Movant

_____________________________________________________________________________________

MOTION FOR RELEASE TO HOME CONFINEMENT PENDING THE RESOLUTION OF POST‐CONVICTION
MOTIONS UNDER 28 U.S.C. §§ 2255 AND 2254

I, DEJANE REANIECE LATTANY, respec ully submit this mo on to the Honorable Court, reques ng that I
be allowed to commence my sentence under home confinement, pending the resolu on of my post‐
convic on mo ons filed under 28 U.S.C. §§ 2255 and 2254. This mo on is not in contradic on of my
mo on to surrender in Colorado, Instead, this mo on serves as an alterna ve route temporarily. I am
most grateful in any way that this mo on be taken into great considera on. I hereby aﬃrm that my
request is not intended as a dilatory tac c concerning the commencement of my sentence. Rather, it is
my earnest pe on to ini ate the sentencing phase under the condi ons of home confinement. This
arrangement would facilitate my eﬀorts in me culously compiling and presen ng comprehensive
evidence and per nent details to substan ate the claims ar culated in my mo ons pursuant to 28 U.S.C.
§§ 2255 and 2254. It is noteworthy to men on that under normal circumstances, I would seek an appeal
bond at this juncture. However, due to the failure of my previous legal counsel to safeguard my appellate
rights, necessita ng the filing of the aforemen oned post‐convic on mo ons, I am constrained to
pursue this alterna ve course of ac on. This mo on is grounded in the provisions of 18 U.S.C. § 3143(b)
and is predicated on the substan al legal ques ons raised by my post‐convic on mo ons, my
demonstrable lack of flight risk or danger to the community, and the inherent powers of this Court to
ensure fairness and jus ce. In support of this mo on, I state the following:
Case No. 1:23-cr-00074-NYW Document 52 filed 11/27/23 USDC Colorado pg 2
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1. Background and Procedural History: I have been sentenced to 48 months in Federal prison ending up
in Category 2 on the point system. I am now safety valve ineligible and am being charged while my
cons tu onal rights have been violated largely due to ineﬀec ve assistance of counsel. (please refer to
the 2255 and 2254 that have already been submi ed). Pursuant to the allega ons of ineﬀec ve
assistance of counsel and addi onal factors, it is submi ed that my cons tu onal rights have been
egregiously infringed. The current state of incarcera on presents a substan al impediment to accessing
necessary resources to substan ate the asser ons made in my mo ons under 28 U.S.C. §§ 2255 and
2254, thereby poten ally thwar ng the administra on of jus ce. Furthermore, I have yet to secure legal
representa on for these post‐convic on proceedings. Detainment during the pendency of these mo ons
substan ally prejudices my ability to eﬀec vely demonstrate the gravity of the cons tu onal breaches I
have experienced. While acknowledging and accep ng responsibility for my ac ons, the severity and
implica ons of these cons tu onal viola ons warrant due considera on.

2. Legal Standard under 18 U.S.C. § 3143(b): Under 18 U.S.C. § 3143(b), the court may permit a
defendant to commence their sentence on home confinement pending the resolu on of a mo on for
post‐convic on relief if it finds that the appeal is not for purposes of delay and raises a substan al
ques on of law or fact likely to result in reversal, an order for a new trial, a sentence without
imprisonment, or a reduced sentence.

3. Substan al Ques ons Raised by Mo ons under 28 U.S.C. §§ 2255 and 2254 in regard to ineﬀec ve
assistance of counsel and other very important elements of my cases. My cons tu onal rights have been
violated.

4. Absence of Flight Risk or Danger to the Community: I assert that I do not pose a flight risk or a danger
to the community. My deep es to the community, including [list any family es, employment,
community involvement, etc.], along with my history of compliance with all previous court orders,
support this asser on.

5. Judicial Discre on and Inherent Powers: This Court possesses inherent powers to manage its
proceedings to ensure fairness and jus ce. In light of the compelling new evidence and legal arguments
presented in my mo ons under 28 U.S.C. §§ 2255 and 2254, which raise serious ques ons about the
legality and cons tu onality of my convic on and sentence, it is within this Court’s discre on to permit
me to commence my sentence on home confinement.

6. Conclusion and Prayer for Relief: Based upon the foregoing, I respec ully request that this Honorable
Court grant this mo on and permit me to begin my sentence on home confinement under appropriate
condi ons, pending the resolu on of my pending post‐convic on mo ons

Respectfully submitted,

Signature of Movant, Pro Se
11/27/2023
Date

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