Amended Motion to Vacate under 28 U.S.C. — USA v. Buck (Dkt. 70, S.D. Ga.)

Summary

Dara Buck, held at FPC Alderson, filed this pro se continuation of a motion under 28 U.S.C. 2255 to vacate the conviction and sentence in United States v. Buck (Case 4:22-cr-00065-RSB-CLR) on 06/11/24, saying attorney Peter McCoy quoted $75,000 for the representation but could not represent Buck in Georgia, that Jim May brought the plea deal on April 9, 2022 and said to just sign it, that neither attorney acted on a request for a direct appeal after sentencing on January 5, 2023, and that the motion was mailed 17 days past the one year deadline. It also argues selective prosecution "out of 178 possible conspirators" and attaches a January 19, 2024 letter from Circuit Public Defender Todd H. Martin declining a federal appointment and the last two pages of the plea agreement.

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Case 4:22-cr-00065-RSB-CLR     Document 70     Filed 06/11/24     Page 1 of 6
TRULINCS 10895510 - BUCK, DARA - Unit: ALD-A-B

FROM: 10895510 U.S. nm op en be .
SUBJECT: 28 U.S.C 2255 ;
DATE: 06/06/2024 07:19:40 PM ane

|, Dara Buck, continue my motion to vacate my conviction and sentence pursuant to 28 U.S.C 2255. My three
are factual.

It is proven in the response from the government that my attorney in fact lacked jurisdiction to represeptme in the state of —
Georgia. | contacted Peter McCoy in August 2021 with target letters | received from the SBA and Department of Education.
Peter McCoy told me he would represent me for $75,000 but he needed as much cash up front as possible. He even told me to
access my federal! retirement fund if necessary. In the eyes of the law, this is extortion. | signed a retainer solely with Peter
McCoy between late August and early September 2021. Peter McCoy stated that he needed to hire representation in Georgia
but that was the only time he mentioned this. At this time he made direct contact with the prosecutors listed on the target letters
to inform them he would represent me. Within a week Mr. McCoy brought on Jim May to assist him. These are the only
attorneys | ever had contact with to represent me. We had a face to face meeting with Jonathan Porter shortly after so | could
be questioned about the role | played in this case. Mr. Porter specifically asked me several times to give him names of any
other military personnel on this case so he could target them also. No one else mattered. | was presented a plea deal on April 9,
2022 that Jim May brought to my aunt's residence in Hollywood, SC. At this time | asked about going to trial and he denied me
the right to do so. | also asked to go over the plea deal and he said to just sign it since it was in the best interest of my family.
The prosecutors all signed on May 9, 2022. The government has clearly stated that Mr. Bueno and Mr. Wilmot filed a Notice of
Appearance on June 15, 2022. | have never met or signed any agreements or retainers with either of these attorneys. They
were never apart of the discussions for my plea agreement that started in 2021. But, the fact of the matter still stands that
representation from anyone in the state of Georgia did not go into effect until after the government signed the plea deal on May
9, 2022 and after my charge was entered on May 13, 2022. The court accepted the plea deal and my charge with full
knowledge that Peter McCoy and the prosecutors engaged in unethical conduct. This completely goes against the American
Bar Association and the local bar in the states of South Carolina and Georgia.

| was sentenced on January 5, 2023 and given 14 days to do a direct appeal with my legal counsel. Neither of my attorneys,
Peter McCoy nor Jim May, chose to acknowledge my request.

Shortly after my self surrender on April 20, 2023 | became ill and tried asking Peter McCoy to file for a compassionate release
due to my health. He refused to take any of my calls or respond to any of emails. My aunt tried contacting him on numerous
occasions, only for him to inform her he was not going to assist me. The first rule of an attorney is the same as for a doctor, "Do
No Harm". After my children's lives were put in danger, | did submit additional requests for release. My aunt tried contacting
Peter McCoy again for assistance, only this time he told her my children were not his concern. My final attempt to date ,for
compassionate release, was submitted to the warden at FPC Alderson and she sent it to the BOP for approval. The BOP has
failed to respond to her request and it was never submitted to the court. My aunt tried contacting Peter McCoy one last time in
January 2024 for assistance and he insisted he would do nothing to help me or my children.

| did my due diligence to obtain legal counsel prior to January 24, 2024. | made contact with Amit Navarre and he informed me
he does not like working on post conviction appeals. | also contacted Amy Lee Copeland, who was recommended by Mr.
Navarre. She informed me she was not interested in my case. | sent a letter to Todd Martin, who informed me he could not
handle a federal case. | tried contacting Robert Persse but | was never able to make contact. The government can access my
call history from the prison to verify that these calls were attempted. | also wrote a letter to the court requesting legal counsel.
My request was returned simply for "lack of signature" and | was never given legal counsel. The fact that all of my motions filed
were pro se is evident that | had no legal counsel. The government argues that | had familiarity with court procedures because |
filed motions for compassionate release and the two point reduction. The primary reason an inmate files a 2255 is for ineffective
counsel. If | had proper legal counsel from the beginning, a 2255 motion never would have been needed. My 2255 motion was
signed and entered in the mail system only 17 days past the one year deadline.

| WAS selectively prosecuted out of 178 possible conspirators. In fact, | was the only one prosecuted after all the evidence that |
willfully provided. Jonathan Porter specifically asked me at the round table to point out any other military person so he could "go
after" them. | cooperated fully and completely providing all evidence for the persons responsible for sphere heading the
schemes. Had | been given the opportunity to read my plea deal, instead of being forced to just sign it, | would have argued the
leadership role since it was false information. The government exploited my military status and rank throughout this case, to
include my current motion. Peter McCoy stated that | was easy target. No one else involved was military so it wasn't news
worthy.
Case 4:22-cr-00065-RSB-CLR     Document 70     Filed 06/11/24     Page 2 of 6
TRULINCS 10895510 - BUCK, DARA - Unit: ALD-A-B

The untimely filing of my motion was a direct reflection of the lack of contact and direct abandonment from my attorney Peter
McCoy.

{ “Cee Ruck grant the following relief: VACATE
Rrek dune 2yay

DARA BUCK 10895-510
MOVANT
Case 4:22-cr-00065-RSB-CLR     Document 70     Filed 06/11/24     Page 3 of 6
OFFICE OF THE CIRCUIT PUBLIC DEFENDER
EASTERN JUDICIAL CIRCUIT OF GEORGIA

=x] Georgia
(| Public
Defender

COUNCIL
Sean? eet

Todd H. Martin . Mailing
CIRCUIT PUBLIC DEFENDER P.O. Box 9176

Savannah, GA 31412
Phone: (912) 447-4901 Physical
Email: thmartin@chathamcounty.org 222 W. Oglethorpe Ave., Ste. 130
Website: https://publicdefender.chathamcountvga.gov/ Savannah, GA 31401

January 19, 2024

Dara Buck 10895-510
A2-58L

Federal Prison Camp
Glen Ray Rd, Box A
Alderson, WV 24910

Dear Dara Buck,

I am in receipt of your letter mailed January 4** wherein you ask for an attorney to be
appointed to your case. Unfortunately, I have no jurisdiction over federal cases. I can only
appoint on cases in the superior court of Chatham County, Georgia.

Cordially,

a

Tool H. Martin, Esq.

Circuit Public Defender
Eastern Judicial Circuit
Case 4:22-cr-00065-RSB-CLR     Document 70     Filed 06/11/24     Page 4 of 6
If Defendant fails to plead guilty, withdraws or attempts to withdraw her
guilty plas, commits any new criminal conduct following the execution of this
agreement, or otherwise breaches this agreement, the government ig released from
all of its agreements regarding Defendant’s sentence. including any agreements
regarding the calculation of Defendant's advisory Sentencing Guidalines. In addition,
the government may declure the plea agreement null and void, reinstate any counts
that may have been dismissed purauant to the plea agreement, and/or file new
charges against Defendant that might otherwise be barred by this plea agreement.
Defendant waives any statute-of-limitations or speedy trial defense to proaecutions
reinstated or commenced under this paragraph.

This agreement contains the entire agreement between the government and

Defendant.
DAVID H. ESTES
UNITED STATES ATTORNEY
Date ~ Patricia Rhodes
Assistant United States Attorney
Chief, Criminal Division
Lig tb gets ac rare
Date Patrick J. Schwreller
Georgia Bar No. 812312
Assistant Linited States Attorney
O-%-7orw yO
Date 7 . doaiwthiin A. Porter
“ Georgia Bar No. 725457

Assistant United States Attorney
Case 4:22-cr-00065-RSB-CLR     Document 70     Filed 06/11/24     Page 5 of 6
5 * Or ee opel ys . Meee Hy 5 :
Po have read and carefully reviews this VGQPOEMERE wit) oy attasnes, |
understand each provision af this agreement, and! Veli anariy ares tou. f hereby

at} tytas hehags Teas 1 : earch pdsaces ;
stipulate that the factual! basis see ont theren ts lie ECACC aL EE OM URK Puspert,

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£4: Dara Rock. Defendant

thave Ally expiained to Defendant ail of her rights, and ( have caresuily
reviewed exch and every part ofthis agreement with kin. Lbeheve that she fhaly and
completely understanits itoumed that fier decussate wter dite this agreement is an
informed, intelheen:. nnd VOLUOLery abe oo

S- tb- an \ ee . .

ett erate erent tere
va

Date Peter MeCay, Defondant = Attorney

Date Sun N lay “Phe te eo > Attutae
Case 4:22-cr-00065-RSB-CLR     Document 70     Filed 06/11/24     Page 6 of 6
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Dara Buck as8@52-460065-RsB-CLR Document 70 Filed 06/11/24 ERE

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Federal Prison Camp sawn 2024 pRREERT ==
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Glen Roy Ra, Box A
Alderson, WV A¢fic

Clerk Of Court

PO BOX 8286
Savannah, GA 31402

United States

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