Motion and Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed — USA v. Lattany (Dkt. 34, D. Colo.)

Summary

Dejane Reaniece Lattany filed this motion and affidavit for leave to proceed on appeal without prepaying fees, under 28 U.S.C. § 1915 and Fed. R. App. P. 24, on 09/06/23 in United States v. Lattany (D. Colo., Criminal Action No. 23-cr-00074-NYW-1). The motion also asks the United States to pay for a transcript of the proceedings. The issues listed for appeal: the sentence for criminal history points does not align with the plea agreement, and Lattany's attorney did not provide the Pre-Sentence Report, the Sentencing Memorandum or the prosecution's late motions and order before sentencing. The motion thanks "Judge Yang" for sending the missing documents and for an extension to October 5, 2023.

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Case No. 1:23-cr-00074-NYW Document 34 filed 09/06/23 USDC Colorado pgil
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FAILED
UNITED STATES DISTRICT COURT
DENVER, COLORADO
09/06/2023
IN THE UNITED STATES DISTRICT COURT JEFFREY P. COLWELL, CLERK
FOR THE DISTRICT OF COLORADO

Criminal Action No. 23-cr-00074-NY W-1
Civil Action No.

UNITED STATES OF AMERICA,

Plaintiff,

V.

DEJANE REANIECE LATTANY,
Defendant.

MOTION AND AFFIDAVIT FOR LEAVE TO PROCEED ON APPEAL
PURSUANT TO 28 U.S.C. § 1915 AND FED. R. APP. P. 24 IN A CRIMINAL CASE

I request leave to commence this appeal without prepayment of fees or security therefor
pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24. I also request that the United States pay
for a transcript of the record of proceedings, if any, for inclusion in the record on appeal. In
support of my requests, I submit the accompanying affidavit and declare that:

(1) I am unable to pay such fees or give security therefor.
(2) The issues I desire to raise on appeal are:

What | was sentenced to in regard to my criminal history points does not align with the terms agreed upon
in my plea agreement, nor does it reflect the arguments that my attorney was to argue/present during my
sentencing. | was not provided anything prior to sentencing from my Attorney such as my Pre-Sentence
Report, my Sentencing Memorandum, the Prosecution’s late motions and order. | want to say thank you
to Judge Yang for having the missing documents sent to me and the extension to October 5, 2023.

(3) I am entitled to redress.
(4) I take this appeal in good faith.
(5) The appeal is not frivolous and presents a substantial question.

I swear that the responses which I have made to the questions and instructions below relating to
my ability to pay the cost of prosecuting the appeal are true.

MARITAL STATUS AND DEPENDE 5 p
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Case No. 1:23-cr-00074-NYW Document 34 __ filed 09/06/23 USDC Colorado pg2

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Single X Married Separated Divorced
The following individuals are my dependents (Identify minor children by their initials only. Do not
include their date of birth.):
Name “T, _.. Age || Relationship $6)
Name NJ. Hi Age —* Relationship f\wuante sr
Name f\.H Age __] Relationship S¢r\Y
Name Age Relationship
RESIDENCE
Street Address: _ | 1172S Qunkm Ce :
City: Commerce CY State:_ COlrudo

Zip Code: X0022 d Telephone: 726 318 ( 43

EDUCATION

What is the highest level of formal education you have received: f DAC h Al IS { F Scent ein lealhacare Maran
No

I can speak, read, write, and understand the English language: Yes x

EMPLOYMENT
If employed at present, complete the following:

Nameofemployer: — \\/(;

Address ofemployer: — {{//+

Telephone number of employer: MSA

How long have you been employed by present employer: N / ft

Income: Monthly $ N/, Weekly $
If self-employed, state your net income: Monthly $ N/ ay Weekly $
What is the nature of your self-employment?

If unemployed at present, complete the following:

Ihave been unemployed since: N/fy

Name of last employer:

Address of last employer:

Telephone number of last employer:

Salary or hourly wage received from last employer: $

If spouse is employed, complete the following:

Name of employer: /g\

How long has spouse beén employed by present employer:

Income: Monthly $ Weekly $

If receiving public assistance (e.g., welfare, unemployment benefits), complete the following:

Ihave been receiving public assistance since: NAO Frdstamos
Monthly benefits: $ G24 02 Weekly benefits: $

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Case No. 1:23-cr-00074-NYW Document 34 filed 09/06/23 USDC Colorado pg3

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REAL AND PERSONAL PROPERTY
Real property:
No X

Do you own real property? Yes
If yes, describe: ForFestures aduied by Previous phernecs
Address: J
Name(s) on title:

Estimated value: $
Annual income from real property: $

Amount owed: $

Personal property:
Automobile: Make: fy J tt
Name(s) on registration:
Estimated value: $

Model: Year:

Amount owed: $

Cash on hand:
Total amount of cash in banks and savings and loan associations: $ |\/-

Names and addresses of banks and associations:

Other information pertinent to financial status: (Include stocks, bonds, savings bonds, interests in trusts

either owned or jointly owned):

N/B

Payments for legal assistance: J have paid or will be paying an attorney, or someone other than
an attorney (such as a paralegal or typist), money for services in connection with this case,

including the completion of this form. Yes___No

If yes, how much? $

If yes, state the name, address, and telephone number of the attorney or person:

FINANCIALOBLIGATIONS: __ MONTHLY PAYMENT:
Rent on house or apartment: $

Mortgage on house: $_2)094.v0
Gas bill: $_/89.00
Electric bill: $ /37.00
Telephone bill: $ (05.00
Food: $

Clothing: $ Wo
Automobile loan: $f
Automobile insurance: ; 5 =
Other insurance: Created With 7

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Case No. 1:23-cr-00074-NYW

Re a ences hrc naan anomec —

Payments to retail merchants:
Total owed:

Payments on any other outstanding
loans or debts:
Total owed:

Payments to doctors, hospitals, lawyers:
Total owed:
Maintenance under separation
or dissolution agreement:
Child support:
Other Payments:
Describe:
Describe:
Describe:
Describe:

Total monthly payments:

Document 34
of 4

filed 09/06/23

USDC Colorado pg4

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