Amended 28 USC § 2255 by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 62, D. Colo.)

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Case No. 1:23-cr-00074-NYW Document 62 filed 02/05/24 USDC Colorado pg 1
of 4
Dejane Reaniece Lattany, #51090510
Victorville Camp FCI Med, I
PO Box 5300
Adelanto, CA 92301
FILED
UNITED STATES DISTRICT COURT
DENVER, COLORADO
FEB 05 2024
JEFFREY P. COLWELL
CLERK
In the United States District Court
For the District of Colorado
United States of America, Criminal Case No. 23-cr-00074-NYW
Plaintiff-Respondent, Civil Case No. 23-cv-03024-NYW
*Amended 28 U.S.C. § 2255*;
vs. *Affidavit to Proceed Pro Se*.
Dejane Reaniece Lattany,
Prose Defendant-Movant.
Amended 28 U.S.C. § 2255
It is axiomatic that prose filings should be liberally construed.
See Erickson v. Pardus, 551 U.S. 89, 94 (2007). "In practice, this
liberal construction allows courts to recognize claims despite various
formal deficiencies, such as incorrect labels or lack of cited
legal authority." Wall v. Rasnick, 42 F.4th 214, 218 (4th Cir. 2022);
See also Haines v. Kerner, 404 U.S. 519 (1972) "allegations of prose
litigant are held to less stringent standards than formal pleadings
drafted by attorneys...". I am amending my 28 U.S.C. § 2255 as
there are issues I missed and I want to preserve them in my claims
for ineffective assistance of counsel ("IAC"). A Court must consider
as evidence, where such contentions are based on personal knowledge
and set forth facts that would be admissible in evidence, and
where I attest under the penalty of perjury that the contents of the
motion or pleadings are true and correct. See McElyea v. Babbit, 833 F.
2d 196, 197 (9th Cir. 1987); Johnson v. Meltzer, 134 F. 3d 1393, 1399-1400
(9th Cir. 1998); Schroeder v. McDonald, 55 F. 3d 454, n. 10 (9th Cir. 1995).
Pleadings counts as "verified" if drafter states under penalty that
contents are true and correct. Id. I make the following under the
penalty of perjury that the contents in this pleading is true and
correct.
I hired Jason Flores-Williams to represent me in this instant
case Criminal No. 23-cr-00074-NYW as he represented to me
that he specialized in white-collar criminal cases, which I later
found out was not true. I paid Jason Flores-Williams $70,000
who advised me how to proceed in my criminal case. Jason Flores-
Williams told me to put my home into a foreign trust through a
Company called Nevis located at Cook Islands (Raratonga) to
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Case No. 1:23-cr-00074-NYW Document 62 filed 02/05/24 USDC Colorado pg 2
of 4
protect me, so the Government could not take my home. Then
Jason Flores-Williams went to the Government and offered my
home to them, knowing that he advised me to put it into
a foreign trust in Cook Island (Raratonga).
Jason Flores-Williams then advised me if I took the
plea Government was offering I would get the following and
would do no prison time: 1ST time offender; safety valve.
This was not true as I did not qualify for safety valve as this
case was not a drug case, I did not get a downward departure
for safety valve, nor did I get a down ward departure for
1ST time offender. If I knew this I would not have taken a
plea deal and would have went to trial, but for the ineffective
assistance counsel ("IAC") Jason Flores-Williams.
Counsel Jason Flores-Williams never provided or showed me
a copy of my presentence report ("PSR") so that I could
object or aquiece to what was written, prior to sentencing.
All of the aforementioned of Jason Flores-Williams IAC was
a violation of my Sixth Amendment Constitutional Rights, to
effective representation.
I make the aforementioned under the penalty of perjury
that the contents are true and correct. I am also willing to
submit to a lie-detector test.
[signature] January 10, 2024, Adelanto, CA
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Case No. 1:23-cr-00074-NYW Document 62 filed 02/05/24 USDC Colorado pg 3
of 4
Affidvit to Proceed Pro Se
I Dejane Reaniece Lattany make the following under the
Penalty of Perjury that it is true and correct. A court must consider
as evidence which is based on Personal Knowledge (McElyea v. Babbit,
833 F. 2d 196, 197 (9th Cir 1987) Set forth facts admissible under the
Penalty of Perjury are true and correct. See Johnson v. Meltzer, 134
F. 3d 1393, 1399-1400 (9th Cir. 1998). Pleadings Counts as "Verified"
If drafter States under Penalty of Perjury that Contents are True And
Correct. Schroeder v. McDonald, 55 F. 3d 454, n. 10 (9th Cir. 1995).
(1) The Court Assigned a Public defender, attorney Josh Lilley,
633 17th Street, Suite 1000, Denver, Colorado 80202 Who has made it clear
that He will Not work on Any Part of my 28. U.S.C § 2255 and has not
Been filing any of my valid claims;
(2) I Am Asking that I Be Granted to represent myself Pro Se due To Josh Lilley's
Inability To Represent me effectively with my 28. U.S.C § 2255 filings.
3) I have Been Unable To Contact him, And Cannot do Anything while he is on
my case;
Therefore I Am Asking that I Represent myself Pro Se in This matter
And That this Instant Pleading Be Filed And Renewed by this
Honorable Court.
[signature] January 10, 2024, Adelanto, CA
Case No. 1:23-cr-00074-NYW Document 62 filed 02/05/24 USDC Colorado pg 4
of 4
Dejane Reaniece Lattany 51090-510
Victorville Camp FCI Med I
P.O. Box 5300
Adelanto, CA 92301
SN BERNARDINO CA 923
31 JAN 2024 PM 5 L
[label illegible]
Office of the Clerk
United States District Court
Alfred A. Arraj Courthouse
901 19th Street Room A105
Denver, CO 80294-3589
Legal Mail
80294-250151


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