Response to Prosecution's Rebuttal / 2255 / Ineffective Counsel 61 by Dejane Reaniece Lattany — USA v. Lattany (Dkt. 65, D. Colo.)

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U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 65 · 2024-02-27 · Docket on CourtListener

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United States District Court for the District of Colorado 
Criminal Case No. 1:23-cr-00074-NYW-1 
Civil Action No. 1:23-cv-03027-SBP 
Civil Action No. 1:2023cv03024 
 
RESPONSE TO PROSECUTION'S REBUTTAL / 2255 / INEFFECTIVE COUNSEL 
 
I. Introduction 
 
In response to the prosecution's rebuttal, it is imperative to provide a comprehensive analysis of 
the assertions made therein. The prosecution's arguments attempt to downplay the significance of 
counsel's errors and the resulting prejudice suffered by the defendant, Ms. Lattany. However, 
upon closer examination, it becomes evident that these arguments fail to withstand scrutiny. This 
response will thoroughly address each point raised by the prosecution, highlighting the 
deficiencies in their reasoning and emphasizing the importance of addressing the constitutional 
violations in Ms. Lattany's case. 
 
II. Prejudice from Erroneous Advice 
 
The prosecution contends that Ms. Lattany was adequately informed about the uncertainties of 
sentencing outcomes and, therefore, any additional advice from counsel would not have 
prejudiced her. However, this argument overlooks the fundamental role of counsel in ensuring 
that defendants fully understand their options and the potential consequences. While it is true that 
Ms. Lattany was advised about general uncertainties, counsel's specific errors regarding the 
impact of her state conviction on sentencing and eligibility for safety-valve relief deprived her of 
critical information necessary for making an informed decision. 
 
Furthermore, the prosecution argues that Ms. Lattany's decision to plead guilty was rational 
given the potential consequences of going to trial. However, this argument fails to acknowledge 
the flawed basis upon which Ms. Lattany made that decision. Had she been properly advised, she 
may have chosen to pursue trial as a rational course of action specifically for her STATE case. 
Thus, the prosecution's assertion that Ms. Lattany was not prejudiced by counsel's erroneous 
advice lacks merit. 
 
Moreover, the prosecution's emphasis on the benefits of the plea agreement, such as a reduction 
for acceptance of responsibility and a low-end recommendation by the government, fails to 
address the fact that these benefits may have been insufficient to offset the potential 
consequences of counsel's errors. Additionally, the prosecution's reference to the likelihood of 
additional charges and a higher guidelines range in the event of a trial further underscores the 
importance of ensuring that Ms. Lattany's decision was based on accurate information. 
 
III. Deficiency in Counsel's Performance 
 
The prosecution dismisses counsel's errors as mere miscalculations or misunderstandings, failing 
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FILED 
UNITED STATES DISTRICT COURT 
DENVER, COLORADO 
 
JEFFREY P. COLWELL, CLERK 
3:15 pm, Feb 27, 2024

to acknowledge the gravity of these mistakes in a criminal proceeding. It is not sufficient to 
excuse deficient performance by labeling it as harmless error. Counsel's failure to accurately 
advise Ms. Lattany about the impact of her state conviction on sentencing and eligibility for 
safety-valve relief constitutes a serious deficiency that cannot be overlooked. 
 
Furthermore, the prosecution's contention that Ms. Lattany's lack of counsel during the 
presentence report interview does not constitute deficient performance is misguided. While it is 
true that defendants do not have a constitutional right to counsel during presentence report 
interviews, counsel's absence may have deprived Ms. Lattany of the opportunity to effectively 
advocate for herself and address any inaccuracies in the report. Therefore, counsel's failure to be 
present during the interview may constitute deficient performance. 
 
Additionally, the prosecution's attempt to discredit Ms. Lattany's claims of inadequate 
communication with counsel overlooks the evidence she provided, which demonstrates a 
breakdown in communication and resulting confusion on her part. The text messages she 
provided underscore the importance of effective communication between counsel and client, 
which was lacking in this case. 
 
Moreover, the prosecution wrongly suggests that counsel's performance in the state case is 
irrelevant to evaluating his performance in the federal case. However, counsel's overall 
competence and diligence are pertinent factors in assessing his effectiveness in representing Ms. 
Lattany. Therefore, the prosecution's attempt to minimize counsel's errors and deficiencies in 
communication is unfounded. 
 
IV. Notice of Significant Developments 
 
Dated February 12, 2024 - Notice sent to Court 
 
Significant developments in my circumstances have emerged, necessitating a "Notice" to be 
served to courts. I, Ms. Dejane Reaniece Lattany, have been transferred from Victorville Federal 
Women's Camp to Federal Metropolitan Detention Center Los Angeles due to a detainer 
stemming from my state case. This transfer occurred without proper explanation or opportunity 
for me to review the details. 
 
Moreover, an email was sent yesterday, 2/8/24, on my behalf to my former Counsel, Mr. Jason 
Flores-Williams, who represented me in both my State case pleading and sentencing as well as 
my Federal criminal case. However, he has refused to provide assistance in this matter. (See 
email dated by Ms. Holli Coulman to Mr. Jason Flores-Williams. (See response from Mr. Jason 
Flores-Williams.) 
 
V. Ineffective Counsel 
 
It is evident from the recent developments, particularly Mr. Jason Flores-Williams' refusal to 
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engage in discussions or review the case, that Ms. Lattany has been abandoned by her counsel. 
This constitutes a clear instance of ineffective assistance of counsel, as Mr. Flores-Williams has 
failed to fulfill his duties to his client, leaving her without representation or support during this 
critical phase of her legal proceedings. Additionally, the lack of communication and assistance 
from Mr. Flores-Williams further exacerbates the prejudice Ms. Lattany has suffered due to his 
earlier errors and deficiencies in representation. 
 
VI. Conclusion 
 
In conclusion, it is evident from the detailed analysis presented in this Rebuttal Motion that Ms. 
Lattany's original motion to vacate her sentence on grounds of ineffective counsel is well-
founded and should be granted by the court. The deficiencies in counsel's performance, coupled 
with the resulting prejudice suffered by Ms. Lattany, underscore the need for corrective action to 
ensure that justice is served in her case. 
 
Furthermore, in addition to seeking the court's approval to vacate her sentence, Ms. Lattany also 
requests an alternative means of relief. She humbly asks the court to be released from the Federal 
Bureau of Prisons and placed back under the supervision of the Department of Justice Pre-Trial 
supervision until a new sentencing date could be docketed, considering her high-risk pregnancy 
and additional health concerns. The government's lack of awareness of her pregnancy at the time 
of her surrender, coupled with her deteriorating health conditions as evidenced by various 
medical reports, highlights the urgent need for compassionate consideration of her 
circumstances. 
 
Ms. Lattany's health issues, including high blood pressure, borderline diabetes, chest pains, and 
insufficient medical care, have significantly worsened since her time at Victorville and MDC. 
Her arrival at MDC LA resulted in a rapid decline in health, with a loss of 10 pounds in just two 
days and ongoing stress and anxiety exacerbated by inadequate medical support. Despite her 
medical needs, the medical facilities at MDC LA have been insufficient, and the limited options 
provided, such as psychotropic medications, are unsuitable for Ms. Lattany due to her pregnancy. 
 
Additionally, Ms. Lattany continues to experience numbness in her hands and toes daily, further 
adding to her discomfort and distress. The lack of proper dental care and overall deterioration in 
her health necessitate urgent intervention to safeguard her well-being and ensure that she 
receives the necessary medical attention and support. 
 
In light of these compelling circumstances, Ms. Lattany respectfully urges the court to consider 
both her original motion to vacate her sentence and her request to be released from the Federal 
Bureau of Prisons and placed back under the supervision of the Department of Justice Pre-Trial 
supervision until a new sentencing date could be docketed. Granting these requests would not 
only address the injustices she has faced but also provide her with the opportunity to receive the 
medical care and support she urgently needs during this critical time. 
 
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Thank you for your attention to this matter, and we trust that the court will carefully consider the 
gravity of Ms. Lattany's situation in rendering its decision. 
 
Respectfully, 
 
Dejane Lattany, Registration Number 51090-510 
MDC Los Angeles 
Metropolitan Detention Center 
P.O. Box 531500 
Los Angeles, CA. 90053 
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