Court filing

Motion for Order for Continued Release on Conditions by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 55, D. Colo.)

Filed November 28, 2023 in USA v. Lattany; one of 77 filings from this case.

Record facts

Court	U.S. District Court for the District of Colorado
Filed	2023-11-28

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 55 · 2023-11-28 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

CASE NO. 23-cr-00074-NYW

UNITED STATES OF AMERICA,

Plaintiff,

DEJANE REANIECE LATTANY,

Defendant.
_____________________________________________________________________________

MOTION FOR CONTINUED RELEASE ON CONDITIONS
_____________________________________________________________________________
COMES NOW, Defendant Dejane Reanice Lattany, by and through Assistant Federal
Public Defender Josh Lilley, respectfully requests that this Court release Ms. Lattany on
conditions pending the resolution of her civil post-conviction proceedings. In support, Ms.
Lattany would show as follows:
I.
Introduction
On March 17, 2023, Ms. Lattany was charged by information with a single count of wire
fraud in violation of 18 U.S.C. § 1343. Doc. 1. Ms. Lattany was sentenced on August 15, 2023 to
48 months imprisonment and three years of supervised release. Doc. 27. Ms. Lattany has been
ordered “to surrender to the United States Marshals in Denver, Colorado on November 30,
2023.” Doc. 53. On November 13, 2023, Ms. Lattany filed a Motion to Vacate, Set Aside, Or
Correct Sentence pursuant to 28 U.S.C. § 2255. Doc. 46 (creating civil case 1:23-cv-03024).
On November 27, 2023, Ms. Lattany filed a Motion for Release to Home Confinement
Pending the Resolution of Post Conviction Motions Under 28 U.S.C. § 2255. On November 28,
Case No. 1:23-cr-00074-NYW Document 55 filed 11/28/23 USDC Colorado pg 1
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2023, this Court ordered that because Ms. Lattany was represented by undersigned counsel in her
criminal case, the motion must be filed through counsel because the matter was related to “the
imposition of her sentence in that case (as distinguished from her post-conviction motion
pursuant to 28 U.S.C. § 2255, which is separate and civil in nature).” Doc. 54.
II.
Request
Even without statutory authority, a federal court has “the inherent power” to grant bail in
post-conviction cases. Pfaff v. Wells, 648 F.2d 689, 693 (10th Cir. 1981) (state prisoner case);
United States v. Zander, 669 F. App’x 955, 956 (10th Cir. 2016) (applying Pfaff to a federal
prisoner case). “In order to obtain release pending a determination on a § 2255 motion, an inmate
must make ‘a showing of exceptional circumstances’ or ‘a demonstration of a clear case on the
merits of the habeas petition.’” Id. (quoting Pfaff, 648 F.3d 693) (emphasis added). A showing
that “the grant of bail [is] necessary to preserve the effectiveness of the habeas corpus remedy
sought” qualifies as a showing of extraordinary circumstances. Gomez v. United States, 899 F.2d
1124, 1125 (11th Cir. 1990).
Ms. Lattany contends that she should be released pending appeal. In her § 2255 motion, Ms.
Lattany makes multiple claims. She generally claims:
I ask that the Honorable Court take note that I am aware that this motion is for the Federal
case only. The emphasis on the State Case is only to provide details that explain my former
Attorney’s ineffectiveness that led to the outcome in the Federal case sentencing. My
former attorney Jason Flores Williams made promises and advised me on the law. Jason
Flores William’s promises and advisement of the law turned out to be untrue and resulted
in me having a higher criminal history score and now being safety valve ineligible. In
addition, my emphasis on the state case is to inform the Federal court that I will be filing
the proper appeal (2254) on the State case that is currently wrapped up in this Federal case.
By no means am I trying to overhighlight the state case in this motion.
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See Doc 46 (p. 3-4). In her motion, Ms. Lattany details instances she believes constitutes “her
former Attorney’s ineffectiveness.” Doc. 46 (p. 4). The majority of Ms. Lattany’s claims can
be found between pages 3-14. See Doc. 46. However, Ms. Lattany also included exhibits she
believes supports her claim. Id.
Ms. Lattany would contend that she has demonstrated a clear case on the merits.
Alternatively, Ms. Lattany states:
The current state of incarceration presents a substantial impediment to accessing necessary
resources to substantiate the assertions made in my motions under 28 U.S.C. §§ 2255 and
2254, thereby potentially thwarting the administration of justice. Furthermore, I have yet to
secure legal representation for these post‐conviction proceedings. Detainment during the
pendency of these motions substantially prejudices my ability to effectively demonstrate
the gravity of the constitutional breaches I have experienced. While acknowledging and
accepting responsibility for my actions, the severity and implications of these
constitutional violations warrant due consideration.
See Doc. 52 (p. 2)(Motion stricken by Court). Ms. Lattany contends that her situation, as
described in her § 2255 motion and in Document 52, constitute “a showing of exceptional
circumstances” and “a demonstration of a clear case on the merits.” Zander, at 956.

Ms. Lattany requests that she be allowed to remain released on conditions while her
post-conviction motion is pending. Ms. Lattany has been out of custody, on conditions of
release since March of this year. Docs. 6, 7. Ms. Lattany has remained on those conditions
without issue for the duration of her case. Ms. Lattany is not a risk of flight, nor is she a
danger to the community. The Government was contacted for its position and opposes this
request.
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Wherefore, Ms. Lattany respectfully requests that this Court grant this Motion for
Continued Release on Conditions while her post-conviction matters are pending.

Respectfully submitted,

VIRGINIA L. GRADY

Federal Public Defender

/s/ Josh Lilley

Josh Lilley

Assistant Federal Public Defender

633 17th Street, Suite 1000

Denver, CO 80202

Telephone: (303) 294-7002

FAX: (303) 294-1192

Email: josh_lilley@fd.org

Attorney for Ms. Lattany

Case No. 1:23-cr-00074-NYW Document 55 filed 11/28/23 USDC Colorado pg 4
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CERTIFICATE OF SERVICE

I hereby certify that on November 28, 2023, I electronically filed the foregoing with the
Clerk of Court using the CM/ECF system which will send notification of such filing to the
following e-mail addresses:

Nicole C. Cassidy, AUSA

Email: Nicole.Cassidy@usdoj.gov

Rebecca Susan Weber, AUSA

Email: Rebecca.Weber@usdoj.gov

and I hereby certify that I have mailed or served the document or paper to the following non-
CM/ECF participant in the manner (mail, hand-delivery, etc.) indicated by the non-participant’s
name:

Dejane Reaniece Lattany
(via Mail)