Emergency Motion for Motion for Sentence Reduction Under 18 USC 3582 — USA v. Lattany (Dkt. 76, D. Colo.)

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Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 1 of 84
Emegency
FILED U.S. DISTRICT COURT DISTRICT OF [illegible]
[illegible] AUG -1 PM 12: 24
UNITED STATES DISTRICT COURT
FOR THE
Federal DISTRICT OF Colorado
UNITED STATES OF AMERICA
Case No. 23-CR-00074
(write the number of your criminal case)
v.
MOTION FOR SENTENCE REDUCTION UNDER 18 U.S.C. § 3582(c)(1)(A)
(Compassionate Release)
(Pro Se Prisoner)
Dejane Lattany 51090-510
Write your full name here.
NOTICE
The public can access electronic court files. Federal Rule of Criminal Procedure 49.1
addresses the privacy and security concerns resulting from public access to electronic court
files. Under this rule, papers filed with the court should not contain: an individual’s full social
security number or full birth date; the full name of a person known to be a minor; or a
complete financial account number. A filing may include only: the last four digits of a social
security number; the year of an individual’s birth; a minor’s initials; and the last four digits of
a financial account number.
Does this motion include a request that any documents attached to this motion be filed
under seal? (Documents filed under seal are not available to the public.)
[ ] Yes
[X] No
If you answered yes, please list the documents in section IV of this form.
Page 1 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 2 of 84
I. SENTENCE INFORMATION
Date of sentencing: 11-28-2024
Term of imprisonment imposed: 2yrs
Approximate time served to date: 8 months
Projected release date: 11-28-2026
Length of Term of Supervised Release: 1yr
Have you filed an appeal in your case?
[X] Yes
[ ] No
Are you subject to an order of deportation or an ICE detainer?
[ ] Yes
[X] No
II. EXHAUSTION OF ADMINISTRATIVE REMEDIES¹
18 U.S.C. § 3582(c)(1)(A) allows you to file this motion (1) after you have fully exhausted all
administrative rights to appeal a failure of the Bureau of Prisons to bring a motion on your
behalf, or (2) 30 days after the warden of your facility received your request that the warden
make a motion on your behalf, whichever is earlier.
Please include copies of any written correspondence to and from the Bureau of Prisons related
to your motion, including your written request to the Warden and records of any denial from
the Bureau of Prisons. (Please See attached document Exhibit 5([illegible])
¹ The requirements for this compassionate release motion being filed with the court differ from
the requirements that you would use to submit a compassionate release request to the Bureau
of Prisons. This form should only be used for a compassionate release motion made to the
court. If you are submitting a compassionate release request to the Bureau of Prisons, please
review and follow the Bureau of Prisons program statement.
Page 2 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 3 of 84
Have you personally submitted your request for compassionate release to the Warden
of the institution where you are incarcerated?
[X] Yes, I submitted a request for compassionate release to the warden on
(date) 01/09/2024. (please see attached document Exhibit 5([illegible])
[ ] No, I did not submit a request for compassionate release to the warden.
If no, explain why not:
Was your request denied by the Warden?
[X] Yes, my request was denied by the warden on (date): 02/28/2024.
[ ] No. I did not receive a response yet.
III. GROUNDS FOR RELEASE
Please use the checkboxes below to state the grounds for your request for compassionate
release. Please select all grounds that apply to you. You may attach additional sheets if
necessary to further describe the reasons supporting your motion. You may also attach any
relevant exhibits. Exhibits may include medical records if your request is based on a medical
condition, or a statement from a family member or sponsor.
A. Are you 70 years old or older?
[ ] Yes.
[X] No.
If you answered no, go to Section B below. You do not need to fill out Section A.
If you answered yes, you may be eligible for release under 18 U.S.C. § 3582(c)(1)(A)(ii) if you
meet two additional criteria. Please answer the following questions so the Court can determine
if you are eligible for release under this section of the statute.
Page 3 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 4 of 84
Have you served 30 years or more of imprisonment pursuant to a sentence imposed
under 18 U.S.C. § 3559(c) for the offense or offenses for which you are imprisoned?
[ ] Yes.
[X] No.
Has the Director of the Bureau of Prisons determined that you are not a danger to the
safety of any other person or the community?
[ ] Yes.
[X] No.
B. Do you believe there are other extraordinary and compelling reasons for your
release?
[X] Yes.
[ ] No.
If you answered “Yes,” please check all boxes that apply so the Court can determine whether
you are eligible for release under 18 U.S.C. § 3582(c)(1)(A)(i).
[X] I have been diagnosed with a terminal illness.
[ ] I have a serious physical or medical condition; a serious functional or cognitive
impairment; or deteriorating physical or mental health because of the aging
process that substantially diminishes my ability to provide self-care within the
environment of a correctional facility, and I am not expected to recover from this
condition.
[ ] I am 65 years old or older and I am experiencing a serious deterioration in
physical or mental health because of the aging process.
[X] The caregiver of my minor child or children has died or become incapacitated
and I am the only available caregiver for my child or children.
[ ] My spouse or registered partner has become incapacitated and I am the only
available caregiver for my spouse or registered partner.
[X] There are other extraordinary and compelling reasons for my release.
Page 4 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 5 of 84
Please explain below the basis for your request. If there is additional information regarding any
of these issues that you would like the Court to consider but which is confidential, you may
include that information on a separate page, attach the page to this motion, and, in section IV
below, request that that attachment be sealed.
Where Dejane is currently serving time which is Carswell has had one death and several outbreaks of
COVID, MRSA, STAPH, ECOLI, STREP-C, CLOSTRIDIUM DIFFICILE, FLU,SCABIES, HEPATITIS, DRUG OVERDOSES.
Dejane is 8mos pregnant and is the sole provider for three children and the primary caretaker of her elderly grandmother.
Dejane is considered a CARE LEVEL 4 and has developed "CARDOVASCULAR AV-BLOCK"
during her incarceration (Please see attached document EXHIBIT 6(A).
Dejane is currently being forced to take certain vaccinations that she has never taken
during the birth of her three children. The doctor/nurse is forcing the pregnant inmates
to have an induced labor delivery without providing the inmates the inmates the details
as to why they are inducing their labor. Carswell is allowing MALE guards to be present
during the delivery and this is causing Dejane stress and anxiety that will cause harm to her and the baby
IV. ATTACHMENTS AND REQUEST TO SEAL
Please list any documents you are attaching to this motion. A proposed release plan is included
as an attachment. You are encouraged but not required to complete the proposed release plan.
A cover page for the submission of medical records and additional medical information is also
included as an attachment to this motion. Again, you are not required to provide medical
records and additional medical information. For each document you are attaching to this
motion, state whether you request that it be filed under seal because it includes confidential
information.
Document / Attached? [illegible] / Request to seal?
Proposed Release Plan [X] Yes No [ ] Yes [ ] No
Additional medical information [X] Yes [ ] No [ ] Yes [ ] No
[blank line] [ ] Yes [ ] Yes [ ] No
[blank line] [ ] Yes [ ] Yes [ ] No
Page 5 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 6 of 84
V. REQUEST FOR APPOINTMENT OF COUNSEL
I do not have an attorney and I request an attorney be appointed to help me.
[X] Yes
[ ] No
VI. MOVANT’S DECLARATION AND SIGNATURE
For the reasons stated in this motion, I move the court for a reduction in sentence
(compassionate release) under 18 U.S.C. § 3582(c)(1)(A). I declare under penalty of
perjury that the facts stated in this motion are true and correct.
7-31-2024
Date
[signature]
Signature
Jaraine Lattany on behalf of Dejane Lattany
Name
51090-510
Bureau of Prisons Register #
Federal Medical Center Carswell
Bureau of Prisons Facility
3000 I St, Ft Worth TX 76127
Institution’s Address
Page 6 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 7 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
UNITED STATES DISTRICT COURT
FOR THE
Federal DISTRICT OF Colorado
UNITED STATES OF AMERICA
Case No. 23-CR-00074
(write the number of your criminal case)
v.
Dejane Lattany 51090-510
Write your full name here.
PROPOSED RELEASE PLAN
In Support of Motion for Sentence Reduction Under 18 U.S.C. § 3582(c)(1)(A)
NOTICE
The public can access electronic court files. Federal Rule of Criminal Procedure 49.1 addresses
the privacy and security concerns resulting from public access to electronic court files. Under
this rule, papers filed with the court should not contain: an individual’s full social security
number or full birth date; the full name of a person known to be a minor; or a complete
financial account number. A filing may include only: the last four digits of a social security
number; the year of an individual’s birth; a minor’s initials; and the last four digits of a
financial account number.
If you provide information in this document that you believe should not be publicly
available, you may request permission from the court to file the document under seal. If
the request is granted, the document will be placed in the electronic court files but will
not be available to the public.
Do you request that this document be filed under seal?
[ ] Yes
[X] No
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 8 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
PROPOSED RELEASE PLAN
To the extent the following information is available to you, please include the information
requested below. This information will assist the U.S. Probation and Pretrial Services Office to
prepare for your release if your motion is granted.
A. Housing and Employment
Provide the full address where you intend to reside if you are released from prison:
14475 Robins Dr. Denver Colorado 80239
Provide the name and phone number of the property owner or renter of the address
where you will reside if you are released from prison:
Floritta Lattany 14475 Robins Dr. Denver CO 80239
720-338-7343
Provide the names (if under the age of 18, please use their initials only), ages, and
relationship to you of any other residents living at the above listed address:
Floritta Lattany- Grandmother 71, TL Son 11, NH -Daugther 8, [illegible]H -Son 2
If you have employment secured, provide the name and address of your employer and
describe your job duties:
Full Time Caretaker for Floritta Lattany and Ovida Grove
List any additional housing or employment resources available to you:
Potientail private tutor for elementry students, and caretaker for additional senior family
members.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 9 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
B. Medical needs
Will you require ongoing medical care if you are released from prison?
[X] Yes
[ ] No
Will you have access to health insurance if released?
[ ] Yes
[X] No
If yes, provide the name of your insurance company and the last four digits of the
policy number. If no, how do you plan to pay for your medical care?
If no, are you willing to apply for government medical services (Medicaid/Medicare)?
[X] Yes
[ ] No
Do you have copies of your medical records documenting the condition(s) for which
you are seeking release?
[X] Yes
[ ] No
If yes, please include them with your motion. If no, where are the records located?
Please see attached Exhibit 6 (A), (B), (C), (D), (E), (F)
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 10 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
Are you currently prescribed medication in the facility where you are incarcerated?
[X] Yes
[ ] No
If yes, list all prescribed medication, dosage, and frequency:
Please see attached documents EXHIBIT 6 (A), (B), (C), (D), (E), (F)
Do you require durable medical equipment (e.g., wheelchair, walker, oxygen, prosthetic
limbs, hospital bed)?
[ ] Yes
[X] No
If yes, list equipment:
Do you require assistance with self-care such as bathing, walking, toileting?
[ ] Yes
[X] No
If yes, please list the required assistance and how it will be provided:
Do you require assisted living?
[ ] Yes
[X] No
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 11 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
If yes, please provide address of the anticipated home or facility and the source of
funding to pay for it.
Are the people you are proposing to reside with aware of your medical needs?
[X] Yes
[ ] No
Do you have other community support that can assist with your medical needs?
[X] Yes
[ ] No
Provide their names, ages, and relationship to you. If the person is under the age of 18,
please use their initials only:
TL- Son 11, NH-Daughter 8, RH-Son 2
Will you have transportation to and from your medical appointments?
[X] Yes
[ ] No
Describe method of transportation:
My grandmothers vehicle
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 12 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
SIGNATURE
I declare under penalty of perjury that the facts stated in this attachment are true and
correct.
07-31-2024
Date
[signature]
Signature
Dejane Lattany
Name
51090-510
Bureau of Prisons Register #
Federal Medicial Center - Carswell
Bureau of Prisons Facility
3000 I St, Ft Worth Texas 76127
Institution’s Address
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 13 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
UNITED STATES DISTRICT COURT
FOR THE
Federal DISTRICT OF Colorado
UNITED STATES OF AMERICA
Case No. 22-CR-00074
(write the number of your criminal case)
v.
Dejane Lattany 51090-510
Write your full name here.
MEDICAL RECORDS AND ADDITIONAL MEDICAL INFORMATION
In Support of Motion for Sentence Reduction Under 18 U.S.C. § 3582(c)(1)(A)
NOTICE
The public can access electronic court files. Federal Rule of Criminal Procedure 49.1 addresses
the privacy and security concerns resulting from public access to electronic court files. Under
this rule, papers filed with the court should not contain: an individual’s full social security
number or full birth date; the full name of a person known to be a minor; or a complete
financial account number. A filing may include only: the last four digits of a social security
number; the year of an individual’s birth; a minor’s initials; and the last four digits of a
financial account number.
If you attach documents to this form that you believe should not be publicly available,
you may request permission from the court to file those documents under seal. If the
request is granted, the documents will be placed in the electronic court files but will not
be available to the public.
Do you request that the attachments to this document be filed under seal?
[ ] Yes
[X] No
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 14 of 84
ATTACHMENT TO MOTION FOR COMPASSIONATE RELEASE
MEDICAL RECORDS AND ADDITIONAL MEDICAL INFORMATION
To the extent you have medical records or additional medical information that support your
motion for compassionate release, please attach those records or that information to this
document.
SIGNATURE
I declare under penalty of perjury that the facts stated in this attachment are true and
correct.
7-31-2024
Date
[signature]
Signature
Jaraine Lattany on behalf of Dejane Lattany
Name
51090-510
Bureau of Prisons Register #
Federal Medicial Center Carswell
Bureau of Prisons Facility
3000 I St, Fort Worth TX 76127
Institution’s Address
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 15 of 84
EMERGENCY COMPASSIONATE RELEASE
This motion is being submitted on behalf of Dejane Lattany, by her mother Jaraine
Lattany whom has been provided Power of Attorney to stand in her place to handle
her State and Federal cases. (Please see attached document EXHIBIT 1)
1. First Step Act-(Section 301); place prisoners as close as possible to (and no
more than 500 miles away from) their primary residence where practicable. (The
PSR that Dejane Lattany agreed to with the State of Colorado and the BOP and
signed, was granted as agreed to per the PSR). (Please see attached
document EXHIBIT 5B).
2. First Step Act- (Section 202); prohibit the use of restraints on prisoners during
pregnancy, labor and postpartum recovery, except where a health care provider
determines otherwise or where the prisoner is an unreasonable flight risk or
public safety threat serious health condition.
3. First Step Act-(Section 401); expand compassionate release (also "reduction in
sentencing" or "RIS") for terminally ill patients and reauthorize the Second
Chance Act of 2007 .
Dejane Lattany is currently 8 (eight) months pregnant and is the sole provider for three
children and the primary caretaker of her elderly grandmother. Dejane is considered a
Care Level 4 and has developed CARDOVASCULAR AV-BLOCK during her
incarceration. (Please see attached document EXHIBIT 6(A).
Dejane is currently being forced to take certain vaccinations that she has never taken
during the birth of her three children. The doctor/nurse is forcing the pregnant inmates
to have an induced labor delivery without providing the inmates the details as to why
they are inducing their labor. Carswell is allowing MALE guards to be present during
the time Dejane is to deliver her child which is very detrimental to Dejane and is causing
her more stress and anxiety which can cause her and the baby harm.
With the FACTS that have been stated and documents provided, we are pleading for an
EMERGENCY Compassionate of Release on behalf of Dejane
Lattany to serve the remainder of her sentence in home confinement rather than prison
and or reduction in sentencing.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 16 of 84
We can promise that by granting Dejane Lattany this EMERGNCY Compassionate of
Release will be a decision you will not regret. Dejane is an asset to her community and
is valued for how knowledgeable and educated. This is the very first legal situation
Dejane has ever experienced in her entire life and due to the inadequate representation
she received from the attorney she hired “Jason Flores-Williams” by pleading guilty to
charges from her State case placed her in a bracket with murders and drug dealers.
The crime Dejane committed in her Federal Case should be considered a white-collar
crime. Dejane has submitted a 2255 and a 2254 to her Federal Judge and a 35C to her
State Judge and will hopefully have the opportunity to have the plea removed and the
case retried on the misrepresentation by her former attorney Jason Flores-Williams,
which will change the dynamic on how she viewed sentenced regarding her Federal
Case. Meaning Dejane would not be considered a previous offender which lowered her
points to provide her better sentencing on her Federal Case.
Where Dejane is currently serving time which is Carswell has had one death and
several outbreaks of COVID, MRSA, STAPH, ECOLI, STREP-C, CLOSTRIDIUM
DIFFICILE, FLU SCABIES, HEPATITIS, DRUG OVERDOSES, and other unhealthy
airborne pathogens.
Dejane has letters that have been provided by other inmates whom have witnessed
these HEALTH PANDEMIC ISSUES (Please see attached documents EXHIBIT 2).
Dejane Lattany has filed several Remedies for Resolution with FCC VictorVillle where
she had rendered herself to begin serving her time, and by doing so there were forms of
retaliation placed upon her. (Please see attached document EXHIBIT 6)
• Victorville /BOP transferred her to a high-risk detention center located in Los
Angels MDC. After serving some time Dejane was again transferred to a
detention center located in Oklahoma City, and the BOP proceeded to transfer
her to Carswell where she is currently serving her time.
• Dejane was not notified of a detainer that was placed on her by the Denver
Sheriff’s Department with a invalid release date of 2027, which made her become
ineligible for certain programs. (Please see attached documents EXHIBIT 4)
• Dejane had a medical hold placed on her, which was not detailed as to why
which also kept her from being able to participate in certain programs.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 17 of 84
• Dejane is being required to take DRUG CLASS, and she has NEVER tested
positive, or has she indulged with any drugs in her entire life, and this is causing
her anxiety and stress having to interact with individuals that have issues and
addictions to drugs. (Please see attached documents EXHIBIT 3)
• Due to Dejane being transferred the BOP has taken 56 DAYS FSA/FTC from
her.
These situations clearly show some level of her being retaliated against by the BOP and
listed Federal facilities. (Please see attached documents EXIBIT 5)
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 18 of 84
Exhibit 1(A)
STATE OF TEXAS ]
]
COUNTY OF TARRANT ]
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That I, DeJane Reaniece Lattany, do hereby make, and grant
POWER OF ATTORNEY to Jaraine Lattany who resides at
14475 [illegible]ins Drive Denver Colorado 80239. Concerning the matter(s) of:
All Criminal Cases In Both State And Federal Courts. To
Speak to All judges On my Behalf, Including Going Before
All judges Concerning All Aspects of All of my Criminal
Cases. To make decisions And Ask Anything, Including
Submission of motions on my behalf Concerning All Criminal Cases.
[illegible]his POWER OF ATTORNEY is effective immediately and is to remain in
[illegible]ull force and effect until so revoked by me.
This 1[illegible]th day of the month of July of the year 2024.
By: [signature], Grantor
Personally appeared before me, a Notary Public, in and for the
STATE OF TEXAS, COUNTY OF TARRANT,
an Adult, known to me, who having been duly sworn upon her OATH,
[illegible]ORE TO, and SUBSCRIBED to the foregoing POWER OF ATTORNEY.
This 1[illegible]th day of July, 2024 Witness my hand and Official
[illegible]al. [signature] NOTARY PUBLIC
seal:
[notary seal: NOTARY PUBLIC STATE OF TEXAS] N ARTERBERRY Notary ID #134566799 My Commission Expires September 20, 2027
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 19 of 84
Exhibit 2(A)
Confirmed Death Carswell FMC
Pamela Annette Rose
Bop Registration Number: 91633-379
AGe 62
Black Female
Deceased 5/20/24
Last Names of Infected that Are Known of
Who Reside of Ncc 4th Floor./or Who Did Reside on
The Ncc 4th Floor where I Am Currently Housed.
- Marsh
- Johnson
- Boyd
- Maria Garcia
Whitness
* Petersenne Johnson - Randolph
* Vernelle lynn Badbear
* Pineda
- Darline Walker
- Sommer Ross
- CRomer
- Shay
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 20 of 84
exhibit 2(B)
FAQs (frequently asked questions) about “MRSA” (Methicillin-Resistant Staphylococcus aureus)
[handwritten up the left margin:] This illustrates that Carswell is AWare they Are placing me And my unborn child in [illegible]
What is MRSA?
Staphylococcus aureus (pronounced staff-ill-oh-KOK-us AW-ree-us), or
“Staph” is a very common germ that about 1 out of every 3 people have
on their skin or in their nose. This germ does not cause any problems for
most people who have it on their skin. But sometimes it can cause serious
infections such as skin or wound infections, pneumonia, or infections of
the blood.
Antibiotics are given to kill Staph germs when they cause infections. Some
Staph are resistant, meaning they cannot be killed by some antibiotics.
“Methicillin-resistant Staphylococcus aureus” or “MRSA” is a type of Staph
that is resistant to some of the antibiotics that are often used to treat
Staph infections.
Who is most likely to get an MRSA infection?
In the hospital, people who are more likely to get an MRSA infection are
people who:
• have other health conditions making them sick
• have been in the hospital or a nursing home
• have been treated with antibiotics.
People who are healthy and who have not been in the hospital or a nurs-
ing home can also get MRSA infections. These infections usually involve
the skin. More information about this type of MRSA infection, known as
“community-associated MRSA” infection, is available from the Centers for
Disease Control and Prevention (CDC). http://www.cdc.gov/mrsa
How do I get an MRSA infection?
People who have MRSA germs on their skin or who are infected with
MRSA may be able to spread the germ to other people. MRSA can be
passed on to bed linens, bed rails, bathroom fixtures, and medical equip-
ment. It can spread to other people on contaminated equipment and on
the hands of doctors, nurses, other healthcare providers and visitors.
Can MRSA infections be treated?
Yes, there are antibiotics that can kill MRSA germs. Some patients with
MRSA abscesses may need surgery to drain the infection. Your healthcare
provider will determine which treatments are best for you.
What are some of the things that hospitals are doing to prevent MRSA
infections?
To prevent MRSA infections, doctors, nurses, and other healthcare
providers:
• Clean their hands with soap and water or an alcohol-based hand rub
before and after caring for every patient.
• Carefully clean hospital rooms and medical equipment.
• Use Contact Precautions when caring for patients with MRSA. Contact
Precautions mean:
o Whenever possible, patients with MRSA will have a single room or
will share a room only with someone else who also has MRSA.
o Healthcare providers will put on gloves and wear a gown over their
clothing while taking care of patients with MRSA.
o Visitors may also be asked to wear a gown and gloves.
o When leaving the room, hospital providers and visitors remove their
gown and gloves and clean their hands.
o Patients on Contact Precautions are asked to stay in their hospital
rooms as much as possible. They should not go to common areas,
such as the gift shop or cafeteria. They may go to other areas of the
hospital for treatments and tests.
• May test some patients to see if they have MRSA on their skin. This test
involves rubbing a cotton-tipped swab in the patient’s nostrils or on the
skin.
What can I do to help prevent MRSA infections?
In the hospital
• Make sure that all doctors, nurses, and other healthcare providers clean
their hands with soap and water or an alcohol-based hand rub before
and after caring for you.
If you do not see your providers clean their hands,
please ask them to do so.
When you go home
• If you have wounds or an intravascular device (such as a catheter or
dialysis port) make sure that you know how to take care of them.
Can my friends and family get MRSA when they visit me?
The chance of getting MRSA while visiting a person who has MRSA is
very low. To decrease the chance of getting MRSA your family and friends
should:
• Clean their hands before they enter your room and when they leave.
• Ask a healthcare provider if they need to wear protective gowns and
gloves when they visit you.
What do I need to do when I go home from the hospital?
To prevent another MRSA infection and to prevent spreading MRSA to
others:
• Keep taking any antibiotics prescribed by your doctor. Don’t take half-
doses or stop before you complete your prescribed course.
• Clean your hands often, especially before and after changing your
wound dressing or bandage.
• People who live with you should clean their hands often as well.
• Keep any wounds clean and change bandages as instructed until healed.
• Avoid sharing personal items such as towels or razors.
• Wash and dry your clothes and bed linens in the warmest temperatures
recommended on the labels.
• Tell your healthcare providers that you have MRSA. This includes home
health nurses and aides, therapists, and personnel in doctors’ offices.
• Your doctor may have more instructions for you.
If you have questions, please ask your doctor or nurse.
Co-sponsored by: [logo illegible] IDSA American Hospital Association APIC CDC The Joint Commission
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 21 of 84
Exhibit 2(c
FAQs (frequently asked questions) about “Clostridium Difficile”
[left edge of the copy is cut off: the first letters of the left-column lines are missing and are not supplied]
hat is Clostridium difficile infection?
ostridium difficile [pronounced Klo-STRID-ee-um dif-uh-SEEL], also
own as “C. diff” [See-dif], is a germ that can cause diarrhea. Most
ses of C. diff infection occur in patients taking antibiotics. The
ost common symptoms of a C. diff infection include:
Watery diarrhea
Fever
Loss of appetite
Nausea
Belly pain and tenderness
ho is most likely to get C. diff infection?
e elderly and people with certain medical problems have the
eatest chance of getting C. diff. C. diff spores can live outside the
man body for a very long time and may be found on things in the
vironment such as bed linens, bed rails, bathroom fixtures, and
edical equipment. C. diff infection can spread from person-to-
rson on contaminated equipment and on the hands of doctors,
rses, other healthcare providers and visitors.
n C. diff infection be treated?
, there are antibiotics that can be used to treat C. diff. In some
ere cases, a person might have to have surgery to remove the
ected part of the intestines. This surgery is needed in only 1 or 2
t of every 100 persons with C. diff.
at are some of the things that hospitals are doing to prevent C.
f infections?
prevent C. diff. infections, doctors, nurses, and other healthcare
viders:
lean their hands with soap and water or an alcohol-based hand
ub before and after caring for every patient. This can prevent
. diff and other germs from being passed from one patient to
nother on their hands.
arefully clean hospital rooms and medical equipment that have
een used for patients with C. diff.
se Contact Precautions to prevent C. diff from spreading to
ther patients. Contact Precautions mean:
Whenever possible, patients with C. diff will have a single room
or share a room only with someone else who also has C. diff.
Healthcare providers will put on gloves and wear a gown over
their clothing while taking care of patients with C. diff.
Visitors may also be asked to wear a gown and gloves.
When leaving the room, hospital providers and visitors remove
their gown and gloves and clean their hands.
o Patients on Contact Precautions are asked to stay in their
hospital rooms as much as possible. They should not go to
common areas, such as the gift shop or cafeteria. They can go
to other areas of the hospital for treatments and tests.
• Only give patients antibiotics when it is necessary.
What can I do to help prevent C. diff infections?
• Make sure that all doctors, nurses, and other healthcare provid-
ers clean their hands with soap and water or an alcohol-based
hand rub before and after caring for you.
If you do not see your providers clean their hands,
please ask them to do so.
• Only take antibiotics as prescribed by your doctor.
• Be sure to clean your own hands often, especially after using the
bathroom and before eating.
Can my friends and family get C. diff when they visit me?
C. diff infection usually does not occur in persons who are not tak-
ing antibiotics. Visitors are not likely to get C. diff. Still, to make it
safer for visitors, they should:
• Clean their hands before they enter your room and as they leave
your room
• Ask the nurse if they need to wear protective gowns and gloves
when they visit you.
What do I need to do when I go home from the hospital?
Once you are back at home, you can return to your normal rou-
tine. Often, the diarrhea will be better or completely gone before
you go home. This makes giving C. diff to other people much less
likely. There are a few things you should do, however, to lower the
chances of developing C. diff infection again or of spreading it to
others.
• If you are given a prescription to treat C. diff, take the medicine
exactly as prescribed by your doctor and pharmacist. Do not take
half-doses or stop before you run out.
• Wash your hands often, especially after going to the bathroom
and before preparing food.
• People who live with you should wash their hands often as well.
• If you develop more diarrhea after you get home, tell your doctor
immediately.
• Your doctor may give you additional instructions.
If you have questions, please ask your doctor or nurse.
-sponsored by: [logo illegible] IDSA American Hospital [logo illegible] CDC [logo cut off]
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 22 of 84
Exhibit 2(D)
PROPER RESPONSE TO A BLOOD/BODY FLUID SPILL
NOTE: All blood and body fluids should be treated as though they are
contaminated and should be dealt with accordingly.
Blood/Body Fluid Kit Location:
Medical Transport Equipment Rooms
STEPS TO FOLLOW:
1. Secure and close the contaminated area off to all traffic.
2. Notify the Sanitarian, ext 4639 or by radio (channel 2), about the
situation.
3. If after hours notify the Control Center.
4. The Sanitarian or Control will then send a trained inmate to clean
and disinfect the contaminated area.
5. When the inmate arrives ensure that the spill kit is available.
6. Once area is disinfected traffic may proceed.
7. After clean up is complete ensure that a staff member then escorts the
inmate to the Medical/Surgical Unit to dispose of the contaminant in
the Bio-Hazard waste room.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 23 of 84
Exhibit 2(E
[flyer printed sideways on the page]
Flu Basics
What is influenza?
Influenza (flu) is a serious contagious disease that
can lead to hospitalization and sometimes death.
How does flu spread?
Most experts think that flu viruses are spread mainly
by droplets made when people with flu cough,
sneeze or talk. These droplets can land in the
mouths or noses of people who are nearby or
possibly be inhaled into the lungs. A person might
also get flu by touching a surface or object that has
flu virus on it and then touching their own eyes,
mouth or nose. The influenza season typically runs
from October through mid– May.
What are the symptoms of flu?
• fever*
• cough
• sore throat
• runny or stuffy nose
• body aches
• headache
• chills
• fatigue
• sometimes diarrhea and vomiting
*It’s important to note that not everyone with flu will have a fever.
[picture:] Give FLU the Boot!
What can I do to protect myself from getting sick from flu?
Get vaccinated. This is an important first step toward fighting seasonal flu. It helps protect you and others.
Vaccine is available for children [6 months and older] and adults. The flu shot takes about two weeks to
become effective.
Keep your hands clean. Washing your hands often will help protect you from germs.
Cover your cough and your sneeze. Use a tissue or cover your mouth with your sleeve when you sneeze or
cough. It may prevent those around you from getting sick.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 24 of 84
Exhibit 2[illegible]
NOTICE TO FORMER FCI DUBLIN POPULATION
** Applies only to Adults-in-Custody (AICs) who were
designated at FCI Dublin on or after March 15, 2024, through
the transfer of the last remaining FCI Dublin AIC to their
receiving facility on May 1, 2024. **
➢ Former FCI Dublin AICs will be able to email the Special
Master directly using the Request to Staff mailbox labeled
Dublin Special Master located in the drop-down menu.
➢ Only the former FCI Dublin AICs may initiate emails to the
Special Master. All email messages sent to the Special
Master will include the name, register number, and
housing unit of the AIC sending the email.
➢ The Special Master will not be able to respond to the
former FCI Dublin AIC’s email message.
➢ Emails will be non-viewable to the AIC nor searchable by
BOP staff.
➢ Emails will not count against the AIC’s daily email limit.
BADBEAR, VERNELLE 17036046
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 25 of 84
Case 4:23-cv-04155-YGR Document 300 Filed 05/08/24 Page 1 of 15
Exhibt 2([illegible]
[line numbers 1-28 in the left margin; side text: United States District Court Northern District of California]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CALIFORNIA COALITION FOR WOMEN PRISONERS, ET AL.,
Plaintiffs,
v.
UNITED STATES OF AMERICA BUREAU OF PRISONS, ET AL.,
Defendants.
Case No.: 4:23-cv-4155-YGR
ORDER RE CLOSURE OF FCI DUBLIN & PRELIMINARY INJUNCTION
Re: Dkt Nos. 251, 256, 258, 262–63
Institutions matter. When successful, they provide the structure needed to promote and
implement important policies. When they fail, the collapse not only harms those they were created to
serve but also those who operated within them, whether or not they contributed to the demise. The
Federal Correctional Institution in Dublin and satellite camp (collectively, “FCI Dublin”) are now
closed. No adults in custody (“AICs”) remain. That said, closure is not synonymous with escape.
Given the closure, issues of security no longer predominate. Thus, in this Order, the Court publicly
summarizes the events which transpired (including some corrections to lawyers’ representations) and
outlines the necessary and continued monitoring of the Bureau of Prisons (“BOP”).
* * *
Shortly after the Court issued a preliminary injunction to protect the constitutional rights of
the AICs housed at FCI Dublin and appointed a Special Master to assist therewith, the BOP
announced its decision to shutter FCI Dublin and relocate the population. BOP had advised the
Court that it was considering closure, although no certainty existed, and noted that if it occurred, for
security reasons, it would have to be conducted quickly.
Although it had as much time as needed to prepare, BOP’s operational plan for closure of
FCI Dublin was ill-conceived and, like Swiss cheese, full of holes. BOP regional staff worked the
prior weekend hastily reviewing AIC case files to recommend placements. Arrangements were also
made with the Justice Prisoner and Alien Transportation System (“JPATS”) to halt all other
BADBEAR, VERNELLE 17036046
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 26 of 84
Exhibit 2(H)
NOTICE OF FEDERAL CLASS ACTION
FCI DUBLIN SAFETY AND CONDITIONS
California Coalition for Women Prisoners v. U.S.,
No. 4:23-CV-4155-YGR, 2024 WL 1290766 (N.D. Cal. Mar. 15, 2024)
The United States District Court for the Northern District of California has certified a
class action lawsuit regarding conditions at FCI Dublin and the Camp. You can read the
order in the law library by typing the following citation into the Westlaw search window:
2024 WL 1290766. You can also request a copy from the attorneys listed below.
The certified class consists of “All people who are now, or will be in the future,
incarcerated at FCI Dublin and subject to FCI Dublin's uniform policies, customs, and
practices concerning sexual assault, including those policies, customs, and practices
related to care in the aftermath of an assault and protection from retaliation for reporting
an assault.” The Court also appointed a Special Master, Wendy Still, to assist the Court
in addressing the following problems: (1) risk of staff sexual abuse; (2) inadequate
medical and mental health care; and (3) risk of retaliation for reporting staff misconduct.
If you are incarcerated at FCI Dublin, you are automatically a member of the class. The
Court certified the class for injunctive relief only. Injunctive relief means Court orders to
change the way people are treated at FCI Dublin. The class action is not about money
damages for past injuries. As of April 15, 2024 the BOP announced plans to close
FCI Dublin, potentially temporarily. If you are transferred you still have rights as a
class member. If you have any concerns, you may reach out to the attorneys
listed below.
The certified class of people incarcerated at FCI Dublin and the Camp are represented
by Rosen Bien Galvan & Grunfeld LLP (RBGG), Rights Behind Bars (RBB), the
California Collaborative for Immigrant Justice (CCIJ), and attorneys from the law firm
Arnold & Porter Kaye Scholer LLP.
You can communicate with class counsel by phone at (415) 433-6830, by CORRLINKS
at kjanssen@rbgg.com, or by legal mail to one of the following addresses:
Rosen Bien Galvan & Grunfeld LLP Rights Behind Bars
101 Mission Street, Sixth Floor 416 Florida Avenue NW, #26152
San Francisco, CA 94105-1738 Washington, DC 20001
BADBEAR, VERNELLE 17036046
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 27 of 84
Exhibit 2([illegible]
Declaration of Vernelle Badbear 17036046
I make the following under the penalty of perjury that the following is
true.
I am an inmate at the Federal Medical Center Carswell in Fort Worth Texas
I reside on the 4th Floor "NCC/Medical Surgical Unit." I reside in this unit
with Ms. Dejane Lattany, and know first hand that there are 8 Active
Contagious Infectious Diseases that are documented. These diseases
include: 1.) MRSA 2) Staph 3.) E.Coli 4.) C:diff 5.) Strep C
6.) Scabies 7.) Covid 8.) Hepatitis. There are multiple
hospitalizations and reported deaths. Most recently on May 2[illegible] 2024
inmate Pamela Rose passed away from C-diff after multiple hospitalizatio[illegible]
It is clear that the sanitation to kill and prevent the spread of this and
other infectious diseases does not work despite "cleaning." We share
multiple areas with those infected and are involuntarily exposed
and forced to live in a hazardous enviornment,
I make this under the penalty of perjury.
July 1, 2024 Vernelle Badbear #17036046
[signature]
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 28 of 84
Exhibit 2(J)
Declaration of Pettisenne Johnson
I make the following under the penalty of perjury that
the following is true.
I Am An inmate at Carswell Federal Medical Center And
reside on the 4th floor "NCC/Medical Surgical Unit." I
reside on this unit with Ms. DeJane Lattany, And Know
first hand that there are 8 Active contagious infectious
diseases that are documented. These diseases include
(1) MRSA (2) StAph (3) Ecoli (4) C-Diff (5) Strep C (6) Scabies (7) Covid
(8) Hepititus. There Are multiple hospitalizations And reported
DeAths. Most recently on May 20, 2024, inmate Pamela Rose
passed away from C-Diff After multiple hospitalizations. It
is clear that the sanitation to Kill And prevent the spread
Of this And other infectious diseases does not work despite
"cleaning". We share multiple Areas with those infected And
Are involuntarily exposed And forced to live in a hazardous envio-
rment.
I Make this under the penalty of Perjury.
[signature] #35125-510 July 1, 2024
Fort Worth, Texas
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 29 of 84
Exhibit 2 (K) Page ([illegible]) of 2
Declaration of DeJane Reaniece Lattany
I make the Following under the penalty of perjury that
The Following is true.
I am an inmate At Carswell Federal medical center
And Reside on the 4th Floor "NCC/Medical Surgical unit".
The "NCC/medical Surgical unit" Houses Both inmates that Are
"Inpatient And Boarders". This consist of Care Levels 4 and 3.
The Inpatients need Around the clock nursing care. The Boarders
Consist of inmates that Are medically Vulnerable due to the
Complexities of their Health issues And High Risk pregnant
Inmates. Both cannot Be housed elsewhere for Health and safety issues.
This Unit is considered The "ER" or emergency Room Because of the
24/7 nurse care staff that is present, Not Just for the 4th floor
Residents But To the entire Compound, that Almost 2,000
Inmates Currently Are. There Are 8 Active Contagious Infectious
Disease that Are Documented on This Floor, Which Are
(1) MRSA (2) Staph (3) Ecoli (4) CDiff (5) strep c (6) scabies (7) Covid (8) Hepititus.
In December Of 2023, Inmate Marsh passed away from CDiff. April
2024, Inmate Maria Garcia Was Hospital[illegible]ed multiple times for CDiff
And Terminal Cancer And is in Hospice. May 20, 2024 inmate
Pamela Rose passed Away from CDiff After multiple Hospitalizations.
The pattern of those infected By the same infectious dise[illegible] (CDiff)
is obvious. It is clear that the sanitation to kill And Prevent the
spread of this and other infectious diseases does Not work despite
"cleaning". I share multiple Areas With those infected
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 30 of 84
[illegible] of 2
Exhibit 2(L)
TV Rooms, Computers, And Laundry Washers And Dryers)
Without Sanitation. I Am involuntanly exposed and
Forced to Live In a Hazard environment.
I make This Under the penalty of perjury.
[signature] # 51090-510 July 1, 2024
FortWorth, Texas
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 31 of 84
She passed in Victorville Custody.
Exhibit 2(m)
[photograph]
Tanya Eckroat
10-31-1957 to 1-8-2024
“God will wipe every tear from our eyes. There will be no more death or mourning or
crying or pain.”-Revelation 21:4
[photograph of flowers]
PSALM 23
The LORD is my shepherd, I shall not want.
He makes me lie down in green pastures,
he leads me beside still waters,
he restores my soul.
He guides me along paths of righteousness
for his name’s sake.
Even though I walk
through the valley of the shadow of death
I will fear no evil,for you are with me;
your rod and your staff, they comfort me.
You prepare a table before me
in the presence of my enemies.
You anoint my head with oil; my cup overflows.
Surely goodness and mercy shall follow me all the days of my life,
and I will dwell in the house of the Lord forever.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 32 of 84
Exhibit 2 (N)
JOIN US IN CELEBRATING THE LIFE OF TANYA ECKROAT
A MEMORIAL SERVICE WILL BE HELD WEDNESDAY JANUARY 17, 2024 AT 2:30 PM IN THE CHAPEL
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 33 of 84
Exhibit 2 ([illegible])
sacred status of women restored. To that end, we urge the U.S. government to
reaffirm and support Indigenous protective systems by:
• Restoring the full authority of American Indian and Alaska Native
Nations to protect Indigenous women, including through the support of
VAWA 2021's expansion of Special Domestic Violence Criminal
Jurisdiction for Indian nations.
• Recognizing and respecting Indigenous responses of Native Hawaiian
communities and organizations to protect Indigenous women, including
through the support of a Native Hawaiian Resource Center on Domestic
Violence.
• Ensuring adequate resources for advocacy and services for Indigenous
women, including by support of FVPSA 2021 tribal funding increases and
establishment of a permanent, dedicated funding stream for tribes in the
Victims of Crime Act (VOCA).
• Removing the systemic barriers facing families of MMIW including
by supporting implementation of Savanna’s Act and Not Invisible Act and
the development and adoption of additional MMIW legislation in
consultation with Alaska Native and American Indian Nations and Native
Hawaiians.
• Implementing a thorough federal response to MMIW by requiring
every federal department to develop action plans with meaningful
consultation with American Indian Nations and Native Hawaiians to address
MMIW.
• Recognizing that both land and Indigenous women are sacred and
connected, and that both require legislative and policy actions to protect
them from extractive industries and corporate interests, such as the passage
of the Save Oak Flat, HR 1884/S.915.
From Restoration Magazine, Issue February 2021:
COVID-19 Raises the Curtain of the Ugly Stage of Justice in the United States:
Incarceration of Native Women
Andrea High Bear, a 30-year-old member of the Cheyenne River Sioux Tribe near
Eagle Butte, South Dakota, died on April 28, 2020. She was the first woman in the
13
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 34 of 84
- She Died In Carswell FMC Custody.
Exhibit 2 (P)
- Dr. Shackelford the OBGyn Here threatend me
that I would Die Like Her If I didnt Get the covid vaccine.
United States to die of Coronavirus (COVID-19) while in federal prison custody.
High Bear was convicted of a federal nonviolent drug offense and sentenced to 26
months in prison. Pregnant at the time of sentencing, she was sent to a federal
prison in Texas, 900 miles away from her home in South Dakota during the
COVID-19 pandemic—a death sentence.
Andrea High Bear's death from Coronavirus was avoidable. Why then did no one
with the authority—judge or prosecutor—propose a more common-sense
alternative for a high-risk, pregnant mother?
The COVID-19 Failed Response:
As of December 2, 2020, the CDC reported 513 American Indian and Alaska
Native women had died from COVID-19. The mortality rate among American
Indians and Alaska Natives from COVID-19 is 1.8 times higher than for white
people. This statistic is even higher for Native Hawaiians, who are experiencing
some of the highest coronavirus rates of any racial or ethnic group in the U.S. In
Los Angeles County alone, Native Hawaiians and Pacific Islanders have rates of
infection up to five times that of white people.
To address the COVID-19 crisis, Congress must act to challenge the long-standing
structural barriers to meet the healthcare needs of Indigenous peoples. The U.S.
Civil Rights Commission reports that Native American healthcare is vastly
underfunded and primed for catastrophe. The U.S., despite signing treaties with
Indian nations promising healthcare services, spends nearly three times as much
per person on non-Indian medical care than on health services for Indigenous
people.
The COVID-19 crisis only complicates and increases the harsh realities of
incarcerated Native women. Andrea High Bear was aware of the threat COVID-19
posed. In addition to her high-risk pregnancy, High Bear had a pre-existing
medical condition that the CDC lists as a risk factor for developing severe virus
symptoms. Before being sent 900 miles away to the Federal Medical Facility
Carswell, she voiced her concern to the U.S. Marshals about moving away from
the doctors providing her with prenatal care. Yet they moved her anyway because
FMC Carswell is the only federal medical prison for women in the U.S.
Andrea High Bear began showing symptoms of COVID-19 shortly after arriving at
the prison. She gave birth to her daughter while on a ventilator on April 1. Three
days after the birth of her baby, she was confirmed positive for COVID-19, and
three and a half weeks later, she passed away. She never got the chance to meet or
hold her daughter.
14
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 35 of 84
Exhibit 2([illegible])
A Racialized Justice System-
“The judge in her case had the complete discretion to suspend her sentence, given
her pregnancy, or to order her to serve time at home; the prosecutor had the
discretion to drop or lessen the charges; the Bureau of Prisons had the discretion to
allow her to serve her sentence at home, for the sake of her health and her baby’s.
However, none of this happened. Instead, these system actors made the decision
that punishment for a mother selling $850 of drugs to support her family warranted
risking her life and the life of her baby.”—Root and Rebound
Native American women are six times more likely to go to prison compared to
their white counterparts. As in police shootings of Native women, the government
paints a picture of criminals as violent, dangerous, depraved people who must be
incarcerated. Bad choices, particularly for Indigenous women, are often
interconnected with poverty, abuse, and government agencies. Many, like Andrea
High Bear, committed a non-violent crime. Would their actions leading up to
prison sentences have been different if poverty did not dictate how they lived, and,
for so many incarcerated mothers, cared for their children?
Since 2015, the number of Native Americans incarcerated in federal prisons has
increased by 27 percent. According to 2019 Prison Policy Initiative data in South
Dakota, Natives make up roughly 50 percent of those imprisoned, despite making
up only 8.7 percent of South Dakota’s population. Similarly, they constitute about
25 percent of incarcerated individuals in Montana (which has a 6% Native
population) and North Dakota (which has a 5% Native population).
Unfair treatment towards Indigenous peoples by federal and state justice systems is
not an isolated incident; it reflects a pattern endemic to the structure of a racialized
justice system that was never intended to serve its colonized peoples—American
Indians, Alaska Natives, or Native Hawaiians.
The vulnerability of Native women to violence, crime, and poverty is an extension
of the conquest of their nations. Federal policing—whether the military under the
Department of War, U.S. Marshals, Indian agents, or the Bureau of Indian
Affairs—was authorized by Congress to enforce federal laws made to eradicate
and later assimilate Native peoples. In 1883, Congress passed the Code of Indian
Offenses, effectively criminalizing Indigenous ways of life—language, spirituality,
marriage, parenting, and more. Native Hawaiians also faced the overthrow of their
government and criminalization of their Indigenous spiritual and cultural ways of
life.
15
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 36 of 84
Exhibit 3(A
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: CRW-F-A
FROM: Warden
TO: 51090510
SUBJECT: RE:***Inmate to Staff Message***
DATE: 07/09/2024 04:32:03 PM
I have sent your E-mail to the appropriate departments.
From: ~^! LATTANY, ~^!DEJANE REANIECE <51090510@inmatemessage.com>
Sent: Tuesday, July 9, 2024 4:21 PM
Subject: ***Request to Staff*** LATTANY, DEJANE, Reg# 51090510, CRW-F-A
To: Warden Rule
Inmate Work Assignment: Medical Idle/ no duty
-----LATTANY, DEJANE REANIECE on 7/8/2024 8:43 AM wrote:
>
Hello,
I have been assigned to attend a drug class this morning at 8:00am. I am basically 8 months pregnant and suffering from
anxiety and too much stress here I also had a panic attack. The population that you have me in the class with is from the high
rise (That environment is too stressful to me and my unborn child). This is too stressful for me and my baby.
I have no history of a drug case or any addiction. I don't tolerate drugs. I am here on a white collar case.
I am not Refusing I am simply requesting you to Please move me to the another class.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 37 of 84
Exhibit [crossed out] 4(A)
Victorville placed a Detainer on I/M Lattany #51090-510 in Sentry on January 31, 2024. This inmate has
a concurrent sentence running with Colorado Department of Corrections/Denver County Sheriff
Department for case number 22CR6134. According to the information entered in Sentry by Victorville
staff, the inmate still owes time with Colorado on her State sentence. According to the inmate herself
she has a 2-year sentence running with Colorado. According to her the sentence is running concurrent to
her federal sentence. Therefore, no one at this institution can legally remove the Detainer until
Colorado DOC/Denver Sheriff sends us paperwork stating her time is finished with them and that they
would like their Detainer to be removed. We have requested her file from Victorville, and we are
currently waiting to receive it.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 38 of 84
Exhibit [crossed out] 4(B)
SHERIFF DEPARTMENT DENVER PUBLIC SAFETY
Denver Sheriff Department
Downtown Division Civil Unit
201 W. Colfax Avenue
Denver, CO [illegible]0202
p: 720-865-[illegible]
f: 720-865-[illegible]
www.denvergov.org/sheriff
January 31, 2024
FCC Victorville
Attn: A Hatt
P.O. Box 5400
Adelanto, CA 92301
RE: LATTANY, DEJANE R. DOB: 6/30/1990
Denver District Case No.: 22CR6134
BOP # 51090-510
To Whom It May Concern:
We have been informed that Dejane Lattany is in your custody. This letter will serve as our lodging of a
detainer against her for charges in Denver District Court.
Enclosed please find a copy of the court mittimus, to be lodged as a detainer for Dejane Lattany. Court
mittimus issued by the Honorable Judge Christine Antoun, Denver District Court, Denver Colorado.
Dejane Lattany is a Black female, 5’6’’tall, 199 lbs., brown hair, brown eyes,
DOB: 6/30/1990 SSN: unknown
We are requesting that you lodge our court mittimus as a detainer for this department and advise the
subject of same.
Should you have any questions with regards to this request, please contact Disa Gibbens of the Denver
Sheriff’s Office Fugitive Warrants & Extradition Unit at (720) 865-8701.
Disa.Gibbens@denvergov.org.
Thank you for your cooperation in this matter.
Sincerely,
[signature] [signature] [illegible]
Sheriff Elias Diggins.
cc: Jessica Negrete, District Attorney’s Office
Enclosure
FOR CITY SERVICES VISIT | CALL DenverGov.org | 311
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 39 of 84
Exhibit [crossed out] 4(C)
RID:D[illegible]62022CR006134-000044
District Court, Denver County, State of Colorado
Case#:D0162022CR006134 Div/Room: 5G
JUDGMENT OF CONVICTION, SENTENCE Amended
The People of the State of Colorado vs. LATTANY, DEJANE REANIECE
DOB 6/30/1990
The Defendant was sentenced on: 5/22/2023
People represented by...: BRECHBUHL, DANIEL
Defendant represented by: FLORES-WILLIAMS, JASON
UPON DEFENDANT'S CONVICTION this date of: 5/22/2023
The defendant pled guilty to:
Count # 3 Charge: MEDICAID-ALTER/FALSE/CONCEAL RECORD
C.R.S # 24-31-808(1)(g),(4) Class: F5
Date of offense(s): 11/09/2019 to 2/17/2021 Date of plea(s): 5/22/2023
IT IS THE JUDGMENT/SENTENCE OF THIS COURT that the defendant be sentenced to
THE CUSTODY OF THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS
Department of Corrections 2.00 YEARS COUNT 3
5/22/23: 2 YEARS PAROLE. DEF'S SENTENCE IS TO BE SERVED CONCURRENTLY TO DEF'S
SENTENCE IN FEDERAL CASE 23-CR-74-NYW. DEF'S SENTENCE IS TO BE SERVED IN THE
BUREAU OF PRISONS.
STAY OF EXECUTION IS GRANTED UNTIL 8/29/23 AT 1 P.M. /MSA
09/06/2023 - STAY OF EXECUTION IS EXTENDED UNTIL 09/28/2023 AT 12:00 PM. /AKB
STAY OF EXECUTION GRANTED TO: 9/28/2023 @ 12:00 P
Plus a mandatory period of parole as required by statute.
Months on parole 0024
Assessed Balance
$ 377,[illegible]72.47 $ 377,172.47
THEREFORE, IT IS ORDERED the Sheriff of Denver County shall convey the
DEFENDANT to the following department TO BE RECEIVED AND KEPT ACCORDING TO LAW
COLORADO STATE DEPARTMENT OF CORRECTIONS DIAGNOSTIC CENTER
ADDITIONAL REQUIREMENTS
JUDGMENT OF CONVICTION IS NOW ENTERED, IT IS FURTHER ORDERED OR RECOMMENDED:
DATE 9/7/23 NPT *5/22/23 JUDGE/MAGISTRATE [signature]
CHRISTINE CATHERINE ANTOUN
Sheriff's Certificate of Completion
The court orders the sheriff to complete this certificate and return to the
clerk of court upon the release of the defendant from their custody.
I certify that I executed this order as directed and released the defendant
on ________ (Date).
Date ________ Sheriff ________
By Deputy ________
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 40 of 84
Exhibit [crossed out] 4(D)
CRWDG 540*23 * SENTENCE MONITORING * 05-15-2024
PAGE 003 OF 003 * COMPUTATION DATA * 07:37:06
AS OF 05-15-2024
REGNO..: 51090-510 NAME: LATTANY, DEJANE REANIECE
------------------------------ CURRENT DETAINERS: ------------------------------
DETAINER NO..: 001
DATE LODGED..: 01-31-2024
JURISDICTION.: STATE OF COLORADO
AUTHORITY....: COLORADO DOC/ DENVER COUNTY SHEIRFF DEPT
CHARGES......: INMATE OWES SENTENCE IN CASE NUMBER 22CR6134 TO THE DOC AND IT
NOT EXPIRE UNTIL 09-28-27
G0000 TRANSACTION SUCCESSFULLY COMPLETED
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 41 of 84
Exhibit [crossed out] 4(E)
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: CRW-F-A
FROM: 51090510
TO: Lattany, Anezshe; Lattany, J; Lattany, Tenea
SUBJECT: Letter to Forward to Judge
DATE: 06/09/2024 09:35:55 AM
Dear Your Honor,
Can you please take a look my situation with the BOP and Victorville Federal Facility. There are some serious issues that must
be addressed in regards to retaliation due to myself and other inmates following the procedures of "exhausting their remedies"
prior to reaching out to the Judge. There is a form of retaliation that happens when inmates/adults in custody file administrative
remedies such as BP8's, BP9's and etc....
I am Just one out of the many inmates that was transferred to several different facilities after I initiated my remedies at
Victorville Federal Prison Camp (after finding out on my own that I was pregnant because I was not tested upon arrival).
Victorville FPC has placed a detainer on me along with a medical hold to prevent me from entering into to the MINT program (A
Federal Program in the BOP available for expecting mothers). All facilities I have been transferred to has been detrimental to
my health and my unborn baby's health as I have been put in very stressful situations. I witnessed 1 death at Victorville, 1 death
at MDC LA high rise facility, and 2 deaths at the current facility due to infectious disease in my unit.
I have submitted a motion/petition for counsel to be appointed in regards to this situation and will soon be entering in an
Emergency motion for Compassionate Release.
I have never been in trouble. However, during the pandemic, under stress, I made a non-violent mistake and am now in a
situation where I can possibly lose my life in this Federal Facility due to neglect and mismanagement.
Due to me having ineffective assistance of counsel for my State case, has caused me to miss out on the opportunity of being
charged as a First-Time, Non-Violent offender.
There has been a 35(A) and 35(C) submitted to my state case out of courtroom 5G and a 2255/2254 submitted to you in
reference to the ineffective assistance of counsel I received. I admit my wrong doing in regards to my Federal Case.
I really Hope you find this letter very concerning as to what is going on in the Federal facilities and the BOP to open an
investigation in regards to my situation that will hopefully help others that are experiencing these and similar issues.
I do plan to submit an Emergency Compassionate Release petition here soon due to the seriousness of my situation, but in the
meantime, any assistance you can provide to assist me truly means everything.
I am 7 months pregnant and well over 500 miles from my entire Family in Colorado. I am running out of time.
Thank you for your time and I Pray some type of action is taken.
sincerely,
DEJANE REANIECE LATTANY
BOP REGISTRATION NUMBER 51090-510
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 42 of 84
DEJANE REANIECE LATTANY on 5/11/2024 2:06:05 PM wrote
Exhibit 5(A)
Dear Honorable Judge.
Thank you for taking the time out to address my concerns. I Understand that your position can be very demanding of your time.
Therefore, I appreciate any assistance that you could provide to me. I am currently in custody at Carswell FMC in Fort Worth
Texas as of mid April 2024. I Self surrendered to Victorville Women's Prison camp in California on Nov 30th 2023/ However,
after exercising my civil rights to use administrative remedies, Sending documenation concerning my health care and
unforeseen pregnancy (which I was not tested for upon arrival to Victorville FPC) to the Warden at Victorville and on January
30th, having a disagreement with Commander Harris (social worker at Victorville), Victorville Records Department entered in
there system that I have a Detainer.
On January 31st 2024, I was told to get my stuff and to leave with no explanation. I was Transferred to Metropolitan Detention
Center Los Angels with no answers for a week. I was later told that I was there for a "detainer" with no real proof of a detainer
except for the computation sheet information that Victorville entered in themselves. Victorville Records entered in that the
"CDOC (Colorado Department of Corrections) And the Denver Sheriffs Department placed a detainer on me for a sentence that
I am supposed to be serving for the state of Colorado, until 2027".
The first issue with what Victorville Records entered is that the CDOC and the Denver Sheriffs Department both verified that
there is no detainer. The social Workers here at Carswell FMC, Mrs.. Bahr and Mrs.. Griffin both verified that there I have no
Detainer as well.
The Second issue is that Victorville staff entered in the system that I have a detainer for the Sate of Colorado until 2027. This
makes no sense seeing that my state sentence is only 2-years and is already running concurrent with my 4-year Federal
sentence, in the Federal Prison System, according to my state of Colorado Plea Agreement and my Federal and State
judgement and commitment orders .
The state has no reason to ask the Federal Government to detain me, nor would they detain me past my 2-year state sentence
in which I am supposed to report to state probation after the 2-year sentence is served for them.
With Victorville Federal Women's Prison Camp entering this "Detainer" in themselves, I have experienced severe hardship. I
have been moved around 3 times, Lost 20 pounds, Lost 10 pounds in two days, experienced stress anxiety and chest pains All
while being pregnant. I am now disqualified from programs that can help me such as the MINT program for pregnant women
and mothers. I have also been removed from camp status all because Victorville staff entered in a "Detainer" that is not really
there.
I have been very upset and stressed because I do not belong behind a fence with these type of populations. I have experienced
drug addicts overdosing , fighting and inmates dying. This is too much stress on me while being pregnant and even if I wasn't
pregnant. I am still suffering.
I feel that Victorville Records Department entered the detainer information in to retaliate against me. I also feel that Victorville
social worker Harris, the Victorville acting warden and the Victorville records department, took advantage of their ability to do
this without actual proof of a Real Detainer. Because of the emotional distress I am suffering, the BOP should take a closer look
at things like this.
Every agency that Victorville states has a Detainer on me, verifies and has verified that I do NOT have any Detainers or
pending charges. My state case is closed and is being ran concurrent in the Federal Prison System as agreed. In addition, I
was already approved for the MINT program by Dr. Peikar (regional medical Director), at Victorville, based on my condition and
Presentencing report information on January 22, 2024.
Please help me resolve this Detainer issue so that I could be placed back into minimum custody, camp status and I can go to
the MINT program to have my baby in Arizona , closer to all of my family and children in Colorado. I am in need of my family
support due to my last baby born in 2022 coming out not breathing. That was very traumatizing to me. However, I am more than
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 43 of 84
Exhibit 5(B)
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: CRW-F-A
500 miles away from all my family and children and do to my suffering, stemming from a mistake with the BOP, I am requesting
to be placed on home confinement to complete the remainder of my sentence if you can help.
Sincerely,
Dejane Lattany
BOP Registration Number: 51090-510
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 44 of 84
Exhibit 5(c)
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: VIM-G-S
FROM: FCI-I Associate Warden
TO: 51090510
SUBJECT: RE:***Inmate to Staff Message***
DATE: 01/19/2024 10:17:01 AM
You will be seeing the dentist today. The provider saw you yesterday and ordered lab tests and iron and prenatal vitamins. You
also saw the provider on 1/12/24 who provided easy to chew diet options and ordered extra snacks x2 a day.
From: ~^! LATTANY, ~^!DEJANE REANIECE <51090510@inmatemessage.com>
Sent: Monday, January 15, 2024 12:14 PM
Subject: ***Request to Staff*** LATTANY, DEJANE, Reg# 51090510, VIM-G-S
To: Warden
Inmate Work Assignment: Medical Idle
Thank you for taking the Time out to read into my expressed concerns. The purpose of this notice is to inform you of my current
status here at this prison camp.
As instructed, I have see dental for both sides of my mouth. The right side has a cracked tooth and the left has a cracked tooth
with an incomplete filling. I am unable to chew without severe pain. It is noted that dental cannot do anything at this time due to
the need of an xray. My pregnancy prevents an xray to be done. In addition, dental will not be able to pull it do to the anastesia
they would need to place me under in order to pull it. My pregnancy prevents that as well.
I seen Doctor Babalola and she also has done everything she could to make sure I am okay. She has written an order for soft
foods and extra snacks. However, there is still not enough nutrition here and the options available at this camp are very limited
and still cause me too much pain.
On top of that, I am a high risk when I am pregnant (this is without any external factors). You can see my PSI for more
information.
There have not been any reports of covid in this facility that I am aware of. However there are many people in here very sick
and with fevers and symptoms of covid. As far as my knowlege, there hasnt been any testing.
This serves as a notice.
Thank you very much. Have a blessed day.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 45 of 84
Exhibit 5(D)
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: VIM-G-S
FROM: FCI-I Associate Warden
TO: 51090510
SUBJECT: RE:***Inmate to Staff Message***
DATE: 01/22/2024 12:02:01 PM
In reference to the administrative needs for RDAP and Substance abuse, the Pre-Sentence Report notated that you had a
"history" of alcohol and last use was in January 2021. And that you tried marijuana at the age of 17. These are the reasons why
you were keyed in the code Drug Program History, and DSCC also scored you as less than 5 years ago for Drug/Alcohol as it is
scored as one. Please see your unit manager if you need further assistance.
From: ~^! LATTANY, ~^!DEJANE REANIECE <51090510@inmatemessage.com>
Sent: Wednesday, January 10, 2024 5:39 PM
Subject: ***Request to Staff*** LATTANY, DEJANE, Reg# 51090510, VIM-G-S
To: Warden
Inmate Work Assignment: Medical Idle
Good evening,
Thank you for taking the time out to read into my concerns. I am writing you Under the seriousness stress of my current
condition. I am pregnant and I now cannot eat because both sides of my teeth are breaking and sore due to inadequate
nutrition in this prison camp. I was and am in need of fruits beside apples and pears. There are no oranges or other fruits
available to me as I need vitamin C. I did pick up prenantal vitamins from the pill line. However, that is only a suppliment and not
meant to be a complete substitude for food. I cannot chew the apples and pears at all. I was able to see the dentist on 1/9/24
and 7:30am as i was on the call out. However, they could not provide care because they needed to conduct xray imaging. Xray
imaging would not be the solution due to my being pregnant. I was advised to just chew on the other side after they confirmed
that my tooth was broken. I cannot chew on the other side either because there are now things wrong with that side. I did not
come here with broken and sore teeth. I am in pain. I did not know that I was pregnant upon arrival. However, I am a high risk
whenever I am pregnant and this facility will not be able to provide the proper care nor nutrition for my needs.
On 1/4/24 I submitted a BP8 for insufficiant medical care at this facility. On 1/5/24 i was taken out on a med trip due to my
grievance. The doctor took notice that I am a high risk and has put in orders for preventative care.
I would like something to be done immediately more preferably to be moved to Denver Colorado where I have access to the
proper medical care that i am currently in need of. I have taken responsibility for the crimes that I was charged with both the
ones i did commit and the ones that I did not commit. By no shape or form am I attempting to ignore the seriousness of the
crime, charges or the justice system. However, I was unaware that I was pregnant when I self surrendered to this facility. These
unforseen circumstances warrent you to look into my requests as an individual and not just as a criminal. I would like
something to be done without any form of retaliation.
(side note) on 1/8/24, someone administratively added needs for RDAP and Substance abuse. I never used drugs in my life
and i never will use drugs. I am not in here on any drug crime and my PSI report speaks for it's self. I do not have any needs of
such that this institution can assist me with. I took the surey and yeilded NO NEEDs as my result. The only reason I have needs
listed now is because i signed up for FSA classes on my own. I do not know if Drug programs were added to my needs as a
mistake but i need them to be removed immediately.
Thank you.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 46 of 84
UNICOR FEDERAL PRISON INDUSTRIES, INC.
LEAVENWORTH, KANSAS – Phone (913) 682-8700 ext. 465
Exhibit 5([illegible])
U.S. DEPARTMENT OF JUSTICE REQUEST FOR ADMINISTRATIVE REMEDY
Federal Bureau of Prisons
Type or use ball-point pen. If attachments are needed, submit four copies. Additional instructions on reverse.
From: Lattany, Dejane, R. 51090-510 G-South FCC Victorville Prison Camp
LAST NAME, FIRST, MIDDLE INITIAL REG. NO. UNIT INSTITUTION
[left edge of the copy is cut off: the first letters of most handwritten lines are missing and are not supplied]
Part A- INMATE REQUEST Dear Warden. I Dejane Lattany, Am seeking compassionate Release And Transfer to Home-
ment In Accordance With 18.U.S.C 3582(c)(1)(A)(i) And program statement 5050.50. This Request is rooted in the extraordinary
pelling circumstances Brought About By the covid 19 pandemic, Rsv, And other [illegible], particulary concerning myself. I am a High Risk
ity Patient. I Face elevated risk of complications Being here and if I contract covid 19, even with Vaccination. I fulfil Both
4 Criteria for compassionate Release And the U.S. Sentencing Guildings policy statement 1B1.13 definition of Extraordinary
pelling" Under "Serious medical conditions" And other Reasons." Initially, I am Requesting that the Warden Reduce my sentence
Compassionate Release Under Appellate case 22-2210 Document [illegible]385472 Date Filed 7/11/23 page 23 3582(c)([illegible])(A).
[illegible]ly, I am Also petitioning to Be transfered to home confinement, Pursuant to 12003(b)(2) of the CARES Act, And Relying on the Former
General's April [illegible] 2020, memorandum Recognizing that COVID-19 emergency conditions materially Affect the Functioning of the
of prisons. Despite the recission of the CARES Act, the Bureau of Prisons, continues to adhere to COVID-19 protocols With Administrative
. My Vulnerability to contracting covid-19, Rsv or [crossed out] having a stroke is Intensified By the Prison Facility communal living, where maintaining
[illegible]ce, As recommend by the CDC is challenging. Furthermore my susceptibility to the potentially fatal effects of covid 19 persists due to
al underlying health conditions: High Risk pregnancy, High blood [illegible], hypertension, High cholesteral, chronic migraine headaches
to my pre-Sentence Report for documentation). moreover, I am the sole documented caregiver to my children, Ty Age 11, Nova
and [illegible] Age 2. And my physically Incapacitated grandmother Flo Lattany age 70, whom I have Assumed all encompassing care
[illegible] (As detailed in my [illegible] and Sentencing memorandum). This plea will Be presented Before the district court for compassionate
Under 18 U.S.C. 3582(c)(1)(A), As Amended by the First Step Act of 2018, Pub L. No. 115-391, 603(b)([illegible]). 132 Stat. 5194, 5239, but
for receiving denial [illegible] No Response After 30 days from the Warden. The statute empowers the district court to Reduce a term of
ment After considering the sentencing factors in 18.U.S.C 3553(a) If the court" finds that... extraordinary and compelling Reasons warrant
duction". and if "such reduction is consistent with applicable policy statements issued by the sentencing comission 3582(c)(1)(A)(i) [illegible]
Step act, only the Director of the Bureau of Prisons (BOP) could move for compassionate Release on a defendants Behalf. It [illegible] established in the
v Smart, 12[illegible] F 3d 539, 541 (10th cir. 1997). which clarified that a defendant is ineligible for compassionate Release. With out a motion by BOP
Section 603(b)(1) of the First Step Act Amended 3582(c)(1)(A), granting defendants the Right to file a motion for compassionate Relief on their own only After
[illegible] has fully exhausted all administrative Rights to appeal a failure of the (BOP) to Bring a motion on the defendant's Behalf or lapse of 30 days from
of such a request by the Warden of the defendants facility, whichever is earlier 3582(c)(1)(A)
01/17/2024 [signature]
DATE SIGNATURE OF REQUESTER
Part B- RESPONSE
DATE WARDEN OR REGIONAL DIRECTOR
If dissatisfied with this response, you may appeal to the Regional Director. Your appeal must be received in the Regional Office within 20 calendar days of the date of this response.
ORIGINAL: RETURN TO INMATE CASE NUMBER:
CASE NUMBER:
Part C- RECEIPT
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 47 of 84
Exhibit 5([illegible])
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: VIM-G-S
FROM: 51090510
TO: FCI-I Associate Warden
SUBJECT: ***Request to Staff*** LATTANY, DEJANE, Reg# 51090510, VIM-G-S
DATE: 01/15/2024 12:14:42 PM
To: Warden
Inmate Work Assignment: Medical Idle
Thank you for taking the Time out to read into my expressed concerns. The purpose of this notice is to inform you of my current
status here at this prison camp.
As instructed, I have see dental for both sides of my mouth. The right side has a cracked tooth and the left has a cracked tooth
with an incomplete filling. I am unable to chew without severe pain. It is noted that dental cannot do anything at this time due to
the need of an xray. My pregnancy prevents an xray to be done. In addition, dental will not be able to pull it do to the anastesia
they would need to place me under in order to pull it. My pregnancy prevents that as well.
I seen Doctor Babalola and she also has done everything she could to make sure I am okay. She has written an order for soft
foods and extra snacks. However, there is still not enough nutrition here and the options available at this camp are very limited
and still cause me too much pain.
On top of that, I am a high risk when I am pregnant (this is without any external factors). You can see my PSI for more
information.
There have not been any reports of covid in this facility that I am aware of. However there are many people in here very sick
and with fevers and symptoms of covid. As far as my knowlege, there hasnt been any testing.
This serves as a notice.
Thank you very much. Have a blessed day.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 48 of 84
Exhibit 5(G)
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: LOS-G-S
FROM: 51090510
TO: FCI-I Associate Warden
SUBJECT: ***Request to Staff*** LATTANY, DEJANE, Reg# 51090510, VIM-G-S
DATE: 01/30/2024 12:25:33 PM
To: Warden
Inmate Work Assignment: Medical Idle
Good Afternoon.
I was having chest pains since 1/23/24.I was not seen until today. Today I was seen by Dr. Babalola and she performed an
EKG test on me and the machine came out with the results that I do have a AV Block. She is recommending me to see a
cardiologist.
I was also recommended to see a specialist by the outside obgyn along with care by him aswell due ti my fluctuating heart rate
and blood pressure.
I came in this prison at 255ibs and I am now down to 238ibs because I cannot eat without suffering tremendous pain.
1)-Dental cannot do anything because they cannot take an Xray due to pregnancy
2)-even if they do take an xray they cannot opperate due to the dangers of the anastesia to my baby.
I am suffering here in this prison in pain when i eat and I am being deprived of the nutrients here because what is avaiable is
not soft enough and does not provide me with the nutrients needed.
I have informed the staff, Medical staff and the Warden now of my health conditions. I have also encouraged you all to refer to
my PSR. I am telling you guys that I am high risk when pregnant. I was not expecting to be pregnant when i self surrendered
however this is serious and if anything happens to me or my unborn child it will be at the fault of this facility and all the staff
here. I am under your responsibilty.
on 1/22/24, have spoken to Dr. Peikar and he stated that he recommends me for compassionate release to home confinement
under the NEW compasionate release guildelines. If you so not have a copy of them i can give you a copy of them. He stated
Under the instructions of my two attornies, I was instructed to request compassionate release.
In addition, I was instructed by Commander Harris to submitt the request to the Warden as well.
Please View my PSR and my health conditions here as they are becoming worse and faster than I have ever seen. Please
understand that I am affraid for my life and need to be sent back to Denver.
My chest pains continue sparatically, I am under too much stress and my health is declining expoditiously while under your
care. Please take consideration of me and my unborn child. I also have young babies and grandmother that I need to care for
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 49 of 84
Exhibit 5([illegible])
UNICOR FEDERAL PRISON INDUSTRIES, INC.
LEAVENWORTH, KANSAS
U.S. DEPARTMENT OF JUSTICE REQUEST FOR ADMINISTRATIVE REMEDY
Federal Bureau of Prisons
Type or use ball-point pen. If attachments are needed, submit four copies. Additional instructions on reverse.
From: Lattany, DeJane R 51090-510 7-South MDC-LA
LAST NAME, FIRST, MIDDLE INITIAL REG. NO. UNIT INSTITUTION
Part A- INMATE REQUEST
As I Have Already Expressed that I Have Been Suffering
An[illegible]ety And Panic Attacks. I Have Only Been Offered psych
Medications Which Is Unsafe While I Am pregnant.
The Anxiety And panic Attacks Are Not Good For
my BaBy. MDC-LA Continues to Fail to Help me
Regulate these Attacks During And After Medical
Trips. I Am Asking If you All can Stop/Refrain
from Sending me on medical Trips With Male
Officers As I Suffer From Trauma From being
molested. I Dont Feel Safe.
2-21-24 [signature]
DATE SIGNATURE OF REQUESTER
Part B- RESPONSE
DATE WARDEN OR REGIONAL DIRECTOR
If dissatisfied with this response, you may appeal to the Regional Director. Your appeal must be received in the Regional Office within 20 calendar days of the date of this response.
ORIGINAL: RETURN TO INMATE CASE NUMBER:
CASE NUMBER:
Part C- RECEIPT
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 50 of 84
Exhibit 5([illegible])
[left edge of the copy is cut off: the first letters of the printed form and of several handwritten lines are missing and are not supplied]
.S. Department of Justice Regional Administrative Remedy Appeal
ederal Bureau of Prisons
ype or use ball-point pen. If attachments are needed, submit four copies. One copy of the completed BP-229(13) including any attachments must be submitted
vith this appeal.
rom: LATTANY, DEJANE, R 51090-510 7-South / G-South MDC-LA (Custody) / Victorville FCC
LAST NAME, FIRST, MIDDLE INITIAL REG. NO. UNIT INSTITUTION
art A - REASON FOR APPEAL In Response to not Receiving An Answer on The Sensitive BP-9
I Wrote And sent to the Warden By means of Case Manager Blackford at Victorville
i Women's Prison camp And Unit Manager Arag[illegible]n at Victorville. I am Asking that my Request
nsidered in the Next Step of the Administrative Process. On Febuary 9th 2024, Unit-manager
n And Case Manager Blackford From Victorville came to MDC-LA Without Answers
Return the sensitive BP-9. Additionally, on Fe[illegible]uary 14th, [illegible] (a Unit manager) And
so (The secretary) Both From Victorville came Again to MDC-LA Without Answers or to
n the sensitive BP-9. In conclusion, I have not Recieved my sensitive BP-9
from the Warden At Victorville, which is Time Sensitive. In Addition, I have
denied my Administrative Right To Proper means of Inquiry About my sensitive
. The Reason I Believe is Due to Retaliation Towards me Because Victorville Unit Team
.(Continued on Additional Attachments)
02/16/2024 [signature]
DATE SIGNATURE OF REQUESTER
art B - RESPONSE
Received
MAR 2 1 2024
Western Regional Office
DATE REGIONAL DIRECTOR
dissatisfied with this response, you may appeal to the General Counsel. Your appeal must be received in the General Counsel's Office within 3[illegible] calendar
ys of the date of this response.
RIGINAL: RETURN TO INMATE CASE NUMBER: 1189474-R1
art C - RECEIPT
CASE NUMBER:
eturn to:
LAST NAME, FIRST, MIDDLE INITIAL REG. NO. UNIT INSTITUTION
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 51 of 84
SENSITIVE Exhibit 5(J)
UNICOR FEDERAL PRISON INDUSTRIES, INC.
LEAVENWORTH, KANSAS
[left edge of the copy is cut off: the first letters of the printed form and of most handwritten lines are missing and are not supplied]
S. DEPARTMENT OF JUSTICE REQUEST FOR ADMINISTRATIVE REMEDY
deral Bureau of Prisons
Type or use ball-point pen. If attachments are needed, submit four copies. Additional instructions on reverse.
om: Lattany, Dejane R 51090-510 Med/Surg Unit NCC 4th Floor Carswell FMC
LAST NAME, FIRST, MIDDLE INITIAL REG. NO. UNIT INSTITUTION
art A- INMATE REQUEST Dear Warden Rule, I Dejane Reaniece Lattany, am Seeking Compassionate Release and/or
e to home confinement In Accordance With 18 U.S.C § 3582(c)(1)(A) And program statement 5050.50. This Request is Rooted
"extraOrdinary And Compelling" circumstances Brought By Covid 19 pandemic, Particularly concerning myself. I face an elevated
complications if I contract covid 19, even with Vaccination. I Fulfill both of the Statutory criteria for Compassionate Release
US Sentencing Guidelines policy statement §1B1.13 definition of "extraordinary and compelling" Under "Serious medical condition"
er Reasons" Initially, I am Requesting the Warden to reduce my Sentence Based on Compassionate Release Under Appellate
-2210 Document: [illegible]472 D[illegible]e Filed 7/11/23 page 23 § 3582(c)(1)(A). Subsequently I am Petitioning to Be transfered to Home
ment, Pursuant to § 1200[illegible](b)(2) of the CARES Act And relying on the Former Attorney General's April 3, 2020, memorandum
ing that covid 19 emergency conditions materially affect the Functioning of the Bureau of Prisons. Despite the Rescission
CARES Act, The Bureau of Prisons Continues to Adhere to Covid 19 protocols with Administrative Affairs. My Vulnerability
tracting Covid 19 is Intensified By the prison Facility's communal living, where maintaining a Safe distance as
[illegible]nded By the CDC is Challenging. Furthermore my Susceptibility to the potentially Fatal effects of Covid persists due to documented
ing Health Conditions: High Risk pregnancy And other Health Conditions Documented in my PSR and my Health Conditions Developed [illegible]
Currently which is documented in the BOP system. Moreover, I am the sole documented caregiver to my children Ages 12, 3 and
ld, And my physically incapacitated grandmother Age 70, whom I have assumed all-encompassing care Responsibility in my
Sentencing memorandum. This plea will Be Presented Before the district court for compassionate Release Under 18 U.S.C
(c)(1)(A) As Amended By the First Step Act of 2018, Pub L. No 115-[illegible]91 § 603(b)(1), 132 Stat 5194, 5239, but only After Receiving
d or No Response After 30 days from the Warden. The Statute empowers the district court to Reduce a term of Imprisonment
[illegible] the Sentencing factors in 18 U.S.C § 3553(a) if the court "finds that extraordinary And compelling Reasons Warrant
Reduction" And if "such a reduction is consistent with applicable policy statements Issued By the Sentencing Commission"
(c)(1)(A)(i). Before the First Step Act, only the Director of the BOP could move for compassionate Release on a defendant's behalf. [illegible] established
[illegible] States v [illegible], 129 F 3d [illegible], 541 (10th cir 1997) which clarified that a defendant is ineligible for compassionate Relief [illegible] motion
[illegible] Release Without a Motion By BOP Director. Section [illegible](b)(1) of the First Step Act Amended § 3582(c)(1)(A), granting defendants
to file a motion for compassionate Relief on their own Behalf only after defendant has fully exhausted all Remedies of administrative Rights to appeal
a failure of the BOP to Bring a motion on the defendant's Behalf or lapse of 30 days from Receipt of such
Request by Warden of the Facility whichever is
earlier 3582(c)(1)(A). Upon Release I will stay with my grandmother and children.
4-29-2024 [signature]
DATE SIGNATURE OF REQUESTER
Part B- RESPONSE
DATE WARDEN OR REGIONAL DIRECTOR
If dissatisfied with this response, you may appeal to the Regional Director. Your appeal must be received in the Regional Office within 20 calendar days of the date of this response.
ORIGINAL: RETURN TO INMATE CASE NUMBER:
CASE NUMBER:
Part C- RECEIPT
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 52 of 84
DOCUMENTATION OF INFORMAL RESOLUTION ATTEMPT Exhibit 5(K)
Bureau of Prisons Program Statement No. 13360.16, Administrative Remedy Program, (December 31, 2007), requires, in most cases, that inmates attempt informal resolution of grievances prior to filing a formal written complaint. This form shall be used to document your efforts towards informally resolving your grievance.
[left and right edges of the copy are cut off: the first letters of some lines and the line ends of the margin note are missing and are not supplied]
Inmate Name | Lattany, Dejane | Register Number | [crossed out] 51090-510
1. Briefly state your complaint. Include all details and facts which support your request and the date on which the basis for the complaint occurred. I am Requesting That my File From [crossed out] Records At
ictorville Federal Prison camp Be expedited Here to Carswell, To my [crossed out] Unit
im and To mr. Bishop in Records, I am 6 months pregnant and Do not Have
he time to Wait on Victorville To send my File. My Civil Rights Are Being Violated
Briefly state the action you request to resolve your complaint. Because I am Being Detained For a Detainer that Doesnt exist,
need the Records of my Detainer and
property (Including my Legal papers) To Be expedited from
ictorville Federal Prison camp in California. I have Been gone from Victorville for 3 months. They
Briefly state the action(s) you have taken and with whom you have spoken to resolve your complaint. are who entered in that I have a Detainer,
Spoke with Records (mr. Bishop and mrs. Mallar[illegible]) But they
fused To Request what is needed to Be Done. I Wrote records,
worked with Social workers mrs. Bahr and Griffin to verify That the agencies in colorado
GIVE THIS COMPLETED FORM TO YOUR UNIT COUNSELOR FOR RESPONSE. have no Detainer, my state Sentenc
E COMPLETED BY STAFF Date Received by Counselor for Response 05/16/2024 is 2 years
and [crossed out] is Be[illegible] [crossed out] Ran concurr
Summary of investigation (place response on this form): with my 4 year Federal Sentence In the Federal Prison S[illegible]
What actions were taken to resolve this matter informally (place response on this form): This Inclu Home confin ment,
Explain reasons for no resolution (place response on this form): I am Still in Bop Custody on Home confinem
ie Issued BP 8.5 1:16pm 05/15/2024 Unit Team Member: [signature]
e Inmate Returned BP 8.5 3:32 pm 05/17/24 Unit Team Member: [signature]
Investigation on BP 8.5 Completed and BP-9 (BP229(13)) issued:
r/Camp Administrator Signature:
(date), this issue was informally resolved.
ture Date
1) If complaint is informally resolved, forward the original, signed and dated by the Inmate to the Unit Counselor for filing. (2) If
OT informally resolved, for the original (attached to BP-9 form) to the BP-9 Coordinator's box in the Warden's Office
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 53 of 84
Exhibit 5([illegible])
UNICOR FEDERAL PRISON INDUSTRIES, INC.
LEAVENWORTH, KANSAS
U.S. DEPARTMENT OF JUSTICE REQUEST FOR ADMINISTRATIVE REMEDY
Federal Bureau of Prisons
Type or use ball-point pen. If attachments are needed, submit four copies. Additional instructions on reverse.
From: Lattany DeJane R 51090-510 NCC 4th Floor Carswell FMC
LAST NAME, FIRST, MIDDLE INITIAL REG. NO. UNIT INSTITUTION
Part A- INMATE REQUEST Due To the panic Attacks and
Anxiety Attacks I experience, Including the
Trauma I Have Suffered And Am currently
Suffering, I Have Requested Not To Be
Taken on medical Trips By male officers.
I Have Also Requested to Speak with
psych. However, Nothing Has Been Done.
I Have Also Spoken to you About this
Matter Verbally in mainline. your Assistance
Would Be greatly Appreciated.
5/24/24 [signature]
DATE SIGNATURE OF REQUESTER
Part B- RESPONSE
DATE WARDEN OR REGIONAL DIRECTOR
If dissatisfied with this response, you may appeal to the Regional Director. Your appeal must be received in the Regional Office within 20 calendar days of the date of this response.
ORIGINAL: RETURN TO INMATE CASE NUMBER:
CASE NUMBER:
Part C- RECEIPT
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 54 of 84
Exhibit 5([illegible]) Mrs. Mallard
DOCUMENTATION OF INFORMAL RESOLUTION ATTEMPT Mr. Bishop
Records.
Bureau of Prisons Program Statement No. 13360.16, Administrative Remedy Program, (December 31, 2007), requires, in most cases, that inmates attempt informal resolution of grievances prior to filing a formal written complaint. This form shall be used to document your efforts towards informally resolving your grievance.
Inmate Name | LATTANY, DeJane | Register Number | 51090-510
1. Briefly state your complaint. Include all details and facts which support your request and the date on which the basis for the complaint occurred. Regional provided A.W. Mr. Hess with the paperwork And instructions to
justify the "Detainer" However, the paperwork states To "Detain" me Based off of the
attached mittimus for my 2 year Sentence that the State Imposed. There is NO paperwork
Stating that I am To Be Detained past my 2 year Sentence. How Are you Able to
Detain me past the Legal sentence without an order or paperwork justifying it?
2. Briefly state the action you request to resolve your complaint.
I Am Requesting that you Refer to the Legal paperwork justifying the Detainer for
my two year concurrent sentence And fix the Date. I started serving my 2 year
State sentence in 2023, therefore it ends in 2025, OR produce Legal paperwork
from the State of Colorado that gives you the Right to Detain me past my Legal State Senten[illegible]
3. Briefly state the action(s) you have taken and with whom you have spoken to resolve your complaint.
I spoke with Regional along with Mr. Hess to get the paperwork sent Here to justify
Detainer, I went to Open House to Ms. Mallard. I explained that the date Matters Because you Are
Detaining me until 202[illegible] illegally from a verbal phone call that contradics the paperwork sent
to the Bop. I Am NOW Going to Hold you legally Responsible for your Failure To Act.
4. GIVE THIS COMPLETED FORM TO YOUR UNIT COUNSELOR FOR RESPONSE.
TO BE COMPLETED BY STAFF Date Received by Counselor for Response 6.26.24
Summary of investigation (place response on this form):
What actions were taken to resolve this matter informally (place response on this form):
Explain reasons for no resolution (place response on this form):
[left edge of the copy is cut off: the first letters of the printed staff labels are missing and are not supplied]
& Time Issued BP 8.5 6.26.24 Unit Team Member: [signature]
: Time Inmate Returned BP 8.5 7.17.24 Unit Team Member: [signature]
Time Investigation on BP 8.5 Completed and BP-9 (BP229(13)) issued:
anager/Camp Administrator Signature:
(date), this issue was informally resolved.
ignature Date
on: (1) If complaint is informally resolved, forward the original, signed and dated by the Inmate to the Unit Counselor for filing. (2) If
is NOT informally resolved, for the original (attached to BP-9 form) to the BP-9 Coordinator's box in the Warden's Office
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 55 of 84
Exhibit 5([illegible])
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: VIM-G-S
Dear Warden,
I hope this letter finds you in good health. My name is Dejane Lattany, Registration Number: 51090-510, and I am reaching out
to express my profound concerns regarding the lack of adequate medical care provided to me at Victorville Federal Institution
Complex, designated as a Level 2 care facility.
Being pregnant, I find myself in a distressing situation where essential medical attention, as outlined in the established
procedures for early pregnancies, has not been provided. Unfortunately, I have not undergone a thorough examination by
medical staff, and critical components of prenatal care, including medications and prenatal vitamins, remain unaddressed.
Additionally, there hasn't been a proper assessment to determine my delivery date.
Complicating matters, I have been assigned to work in the food service warehouse, involving physically demanding tasks such
as bending, stooping, and lifting heavy boxes. Considering my pregnancy and medical history, this raises significant concerns
about the potential risks to both my well-being and that of my unborn child.
With a documented history of high blood pressure and challenging pregnancies, it is crucial for me to receive proper medical
care and be assigned to tasks that do not compromise my health and that of my baby. *Citing my Pre-Sentence Report that you
have access to and can verify my medical and mental health history.
Alongside my urgent request for a thorough investigation, I implore your prompt intervention to facilitate a scheduled medical
appointment, ensuring the necessary attention for my pregnancy. Furthermore, I kindly request the provision of pregnancy
vitamins, specifically those unavailable for purchase through the commissary.
I appreciate your immediate attention to this matter and trust that swift action will be taken by the correctional facility to address
these concerns and uphold the well-being of all inmates under your care.
Sincerely,
Dejane Lattany, Registration Number: 51090-510
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 56 of 84
Exhibit 5([illegible])
[seal: DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS]
Name: LATTANY, Dejane Reaniece
Register No.: 51090-510
Unit: Metropolitan Detention Center (LOS) G05-702L
This is in response to your Request for Compassionate
Release/Reduction in Sentence, based on extraordinary and compelling
circumstances. Specifically, due to COVID-19 Pandemic, RSV, and other
concerns, particularly your high-risk pregnancy.
Title 18 of the United States Code, section 3582(c) (1) (A), allows a
sentencing court, on motion of the Director of the BOP, to reduce a
term of imprisonment for extraordinary or compelling reasons. BOP
Program Statemeht No. 5050.50, Compassionate Release/Reduction in
Sentence: Procedures for Implementation of 18 U.S.C. §§ 3582(c) (1) (A)
and 4205(g), provides guidance on the types of circumstances that
present extraordinary or compelling reasons, such as the inmate’s
terminal medical condition; debilitated medical condition; status as a
“new law” elderly inmate, an elderly inmate with medical conditions,
or an “other elderly inmate”; the death or incapacitation of the
family member caregiver of the inmate’s child; or the incapacitation
of the inmate’s spouse or registered partner. Your request has been
evaluated consistent with the general guidance.
A review of your circumstance indicates that you self-surrendered and
began your sentence with the Bureau of Prisons on November 30, 2023.
You were sentenced on August 15, 2023, to a 48-month sentence with a
3-year term of supervision for Wire Fraud. On January 31, 2024, The
Colorado State of Corrections placed a detainer for a sentence you owe
for Case Number 22CR6134, which will expire on September 28, 2027. Per
Policy Statement 5050.50: “All detainers and holds should be resolved
prior to the Warden’s submission of a case under 18 U.S.C 3582
(c) (1) (A) or 4205 (g).” Your current projected release date with the
Bureau of Prisons is April 5, 2027, via First Step Act Release.
The consideration criteria cited in your request were based on the
Coronavirus (COVID-19). The BOP took and continues to take
extraordinary measures to treat any infected inmates. We recognize
that you, like all of us, have legitimate concerns and fears if
exposed to a virus. However, your concern about potentially being
exposed to, or possibly contracting, COVID-19, RSV, or any other
viruses does not currently warrant an early release from your
sentence. Therefore, your pregnancy or any medical concerns do not
rise to the level of medical conditions that warrant consideration for
a Compassionate Release/Reduction in Sentence. Additionally, FCC
Victorville’s Health Services Department reviewed your medical records
and advised you are a 33-year-old female that does not have a
documented medical diagnosis from a physician with a prognosis of life
expectancy of 18-months or less. Your current medical diagnosis is
being managed with medication, exams, evaluations, and treatment. You
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 57 of 84
Exhibit 5([illegible])
are not currently diagnosed with a terminal illness, and medical staff
indicate you do not suffer a debilitating injury from which you will
not recover at this time. You have full functional capacity as
demonstrated in the Instrumental Activities of Daily Living assessment
and are not confined to a bed or chair and are capable of self-care.
Your pregnancy can be handled in a correctional facility, and your
physical health does not diminish your ability to function in a
correctional setting.
Based upon a review of all the factors discussed above, I do not find
that there are “extraordinary or compelling circumstances” as required
by the statute to recommend the Bureau make a motion before your
sentencing court seeking a reduction in sentence. Your request for
Compassionate Release/ Reduction in Sentence is denied. If you are not
satisfied with this response to your request, you may commence an
appeal of this decision via the Administrative Remedy process.
I trust this addresses you concerns.
[signature] 2/28/2024
E. Ricolcol, Warden Date
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 58 of 84
Exhibit 5([illegible])
TRULINCS 51090510 - LATTANY, DEJANE REANIECE - Unit: VIM-G-S
FROM: 51090510
TO: FCI-I Associate Warden
SUBJECT: ***Request to Staff*** LATTANY, DEJANE, Reg# 51090510, VIM-G-S
DATE: 01/10/2024 05:39:09 PM
To: Warden
Inmate Work Assignment: Medical Idle
Good evening,
Thank you for taking the time out to read into my concerns. I am writing you Under the seriousness stress of my current
condition. I am pregnant and I now cannot eat because both sides of my teeth are breaking and sore due to inadequate
nutrition in this prison camp. I was and am in need of fruits beside apples and pears. There are no oranges or other fruits
available to me as I need vitamin C. I did pick up prenantal vitamins from the pill line. However, that is only a suppliment and not
meant to be a complete substitude for food. I cannot chew the apples and pears at all. I was able to see the dentist on 1/9/24
and 7:30am as i was on the call out. However, they could not provide care because they needed to conduct xray imaging. Xray
imaging would not be the solution due to my being pregnant. I was advised to just chew on the other side after they confirmed
that my tooth was broken. I cannot chew on the other side either because there are now things wrong with that side. I did not
come here with broken and sore teeth. I am in pain. I did not know that I was pregnant upon arrival. However, I am a high risk
whenever I am pregnant and this facility will not be able to provide the proper care nor nutrition for my needs.
On 1/4/24 I submitted a BP8 for insufficiant medical care at this facility. On 1/5/24 i was taken out on a med trip due to my
grievance. The doctor took notice that I am a high risk and has put in orders for preventative care.
I would like something to be done immediately more preferably to be moved to Denver Colorado where I have access to the
proper medical care that i am currently in need of. I have taken responsibility for the crimes that I was charged with both the
ones i did commit and the ones that I did not commit. By no shape or form am I attempting to ignore the seriousness of the
crime, charges or the justice system. However, I was unaware that I was pregnant when I self surrendered to this facility. These
unforseen circumstances warrent you to look into my requests as an individual and not just as a criminal. I would like
something to be done without any form of retaliation.
(side note) on 1/8/24, someone administratively added needs for RDAP and Substance abuse. I never used drugs in my life
and i never will use drugs. I am not in here on any drug crime and my PSI report speaks for it's self. I do not have any needs of
such that this institution can assist me with. I took the surey and yeilded NO NEEDs as my result. The only reason I have needs
listed now is because i signed up for FSA classes on my own. I do not know if Drug programs were added to my needs as a
mistake but i need them to be removed immediately.
Thank you.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 59 of 84
Exhibit [illegible](A)
Bureau of Prisons
Health Services
Health Screen
Inmate Name: LATTANY, DEJANE REANIECE Reg #: 51090-510
Date of Birth: 06/30/1990 Sex: F Race: BLACK
Encounter Date: 01/31/2024 18:03 Provider: Vrbka, C. RN Facility: LOS
Seizures: Denied
Diabetes: Denied
Cardiovascular:
Age of Onset:
Hx of Shortness of Breath: No
Hx of Rheumatic Fever: No
Hx of Valvular Disease: No
Hx of SBE Prophylaxis: No
Hx of Chest Pain: No
Hx of Murmur: No
Hx of CAD: No
Hx of CHF: No
Hx of Blood Clot: No
Pacemaker: No
Defibrillator: No
Edema: No
Comments: cardiac arrhythmia, borderline first degree AV block
CVA: Denied
Hypertension: Denied
Respiratory: Denied
Sickle Cell Anemia: Denied
Carcinoma/Lymphoma: Denied
Allergies: Denied
Tuberculosis:
Hx of Previous Disease: No
Blood-tinged Sputum: No
Night Sweats: No
Weight Loss: No
Fever: No
Cough: No
Comments: Up to date PPD, transferred from Victorville USP
Generated 01/31/2024 18:33 by Vrbka, C. RN Bureau of Prisons - LOS Page 1 of 6
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 60 of 84
Exhibit 6(B)
Bureau of Prisons
Health Services
Clinical Encounter - Administrative Note
Inmate Name: LATTANY, DEJANE REANIECE Reg #: 51090-510
Date of Birth: 06/30/1990 Sex: F Race:BLACK Facility: LOS
Note Date: 02/08/2024 07:20 Provider: Toh, R. (MOUD) MD Unit: G08
Admin Note - Scheduling Note encounter performed at Health Services.
Administrative Notes:
ADMINISTRATIVE NOTE 1 Provider: Toh, R. (MOUD) MD
HER FIRST PRENATAL CARE VISIT APPT ALREADY SCHEDULED BY IMS
CARDIOLOGY APPT STILL PENDING
Copay Required: No Cosign Required: No
Telephone/Verbal Order: No
Completed by Toh, R. (MOUD) MD on 02/08/2024 07:21
Generated 02/08/2024 07:21 by Toh, R. (MOUD) MD Bureau of Prisons - LOS Page 1 of 1
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 61 of 84
Exhibit 6(C)
Inmate Name: LATTANY, DEJANE REANIECE Reg #: 51090-510
Date of Birth: 06/30/1990 Sex: F Race: BLACK Facility: VIM
Encounter Date: 01/12/2024 11:46 Provider: Babalola, Esther (MOUD) Unit: G08
New Medication Orders:
Rx# Medication Order Date
Ferrous SULFATE Tablet 01/12/2024 11:46
Prescriber Order: 325mg Orally - daily x 90 day(s)
Indication: Anemia, unspecified
Cyanocobalamin Tablet 01/12/2024 11:46
Prescriber Order: 500mcg Orally - daily x 90 day(s)
Indication: Anemia, unspecified
Diet Orders:
Start Date: 01/12/2024 Cosign Provider: Peikar, Nader (MOUD) MD/CD
Special Diet Order:
Modified Consistency Exp Date:08/12/2024
Level: Level 7 - Easy to Chew
Snack:
Snack Indication: Increased Calories
Increased Calories: 1 cup milk and 1 serving cereal, any type
Frequency: 2 x Daily
Exp Date: 08/12/2024
Disposition:
Follow-up at Sick Call as Needed
Follow-up at Chronic Care Clinic as Needed
Return Immediately if Condition Worsens
Return To Sick Call if Not Improved
Other:
Also instructed to f/u with the dentist.
Patient Education Topics:
Date Initiated Format Handout/Topic Provider Outcome
01/12/2024 Counseling Plan of Care Babalola, Esther Verbalizes
Understanding
01/12/2024 Counseling Diet Babalola, Esther Verbalizes
Understanding
01/12/2024 Counseling Safety/Injury Prevention Babalola, Esther Verbalizes
Understanding
Copay Required: No Cosign Required: Yes
Telephone/Verbal Order: No
Completed by Babalola, Esther (MOUD) DNP, FNP-BC on 01/12/2024 12:19
Requested to be cosigned by Peikar, Nader (MOUD) MD/CD.
Cosign documentation will be displayed on the following page.
Generated 01/12/2024 12:19 by Babalola, Esther (MOUD) Bureau of Prisons - VIM Page 3 of 3
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 62 of 84
Exhibit 6(D)
[seal] Individualized Needs Plan - Initial Classification (Inmate Copy) SEQUENCE: 02344273
Dept. of Justice / Federal Bureau of Prisons Team Date: 05-13-2024
Plan is for inmate: LATTANY, DEJANE REANIECE 51090-510
Facility: CRW CARSWELL FMC Proj. Rel. Date: 04-05-2027
Name: LATTANY, DEJANE REANIECE Proj. Rel. Mthd: FIRST STEP ACT RELEASE
Register No.: 51090-510 DNA Status: PREBOP TST / 08-28-2023
Age: 33
Date of Birth: 06-30-1990
Detainers
Detaining Agency Remarks
COLORADO INMATE OWES SENTENCE IN CASE NUMBER 22CR6134 TO THE
NOT EXPIRE UNTIL 09-28-27
Inmate Photo ID Status
No Photo Id
Current Work Assignments
Facl Assignment Description Start
NO ASSIGNMENTS
Current Education Information
Facl Assignment Description Start
CRW ESL HAS ENGLISH PROFICIENT 12-01-2023
CRW GED HAS COMPLETED GED OR HS DIPLOMA 12-01-2023
Education Courses
SubFacl Action Description Start Stop
NO COURSES
Discipline History (Last 6 months)
Hearing Date Prohibited Acts
** NO INCIDENT REPORTS FOUND IN LAST 6 MONTHS **
Current Care Assignments
Assignment Description Start
CARE1-MH CARE1-MENTAL HEALTH 12-18-2023
CARE4 MRC CARE REQUIRED 04-18-2024
Current Medical Duty Status Assignments
Assignment Description Start
HGT RESTR NO LADDERS/NO UPPER BUNK 01-12-2024
LOWER BUNK LOWER BUNK REQUIRED 01-12-2024
MED HOLD MEDICAL HOLD - DO NOT TRANSFER 04-18-2024
MINTRPPINT MINT/RES PARENT INTEREST 12-22-2023
MR MED YES MINT/RES PARENT MED APPVL YES 01-02-2024
MRNOTIFIED MINT/RES PARENT NOTIFIED OF 12-22-2023
NO PAPER NO PAPER MEDICAL RECORD 12-12-2023
OTHER OTHER MEDICAL RESTRICTION 04-18-2024
PRE-NATAL PREG-IM NOTF'DRESTRAINTRESTRIC 12-22-2023
PREG EDD PREGNANCY-EXPECTED DUE DATE 08-03-2024
REG DUTY W REGULAR DUTY W/MED RESTRICTION 04-18-2024
SOFT SHOES SOFT SHOES ONLY 01-12-2024
WGT 15 LB WEIGHT-NO LIFTING OVER 15 LBS 01-12-2024
YES F/S CLEARED FOR FOOD SERVICE 12-06-2023
Current Drug Assignments
Assignment Description Start
DAP UNQUAL RESIDENT DRUG TRMT UNQUALIFIED 01-09-2024
ED WAIT HX DRUG EDUCATION WAIT-RQ HIST 01-03-2024
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 63 of 84
Exhibit 6(E)
Section 3. MEDICAL CLASSIFICATION
Medical Classification is the system of assigning a care level to each Bureau institution, and a
medical and mental health care level assignment to each inmate. The system has four care
levels. The Health Services Division (HSD) assigns institution care levels based on an analysis
of the physical plant, community-based resources, local labor market, and impact on other
correctional programs. HSD will increase staffing levels at institutions that have higher care
level assignments.
Medical Care levels are:
• Care Level 1 institutions house inmates that are generally healthy but may have limited
medical problems easily managed by Health Services employees and supplemented by
existing community resources.
• Care Level 2 institutions house inmates that have stable chronic conditions managed by
Health Services employees and supplemented by existing community resources. Care Level
2 inmates generally self-manage their conditions and need infrequent visits to medical
specialists or community facilities.
• Care Level 3 institutions house inmates having more complex medical conditions and are
more fragile. They require frequent clinical contacts with Health Services employees and
more visits to community medical specialists. They may also periodically require
hospitalization to stabilize their conditions.
• Care Level 4 institutions are the agency's MRC. Inmates housed at MRCs may require
extensive medical and nursing care. Some inmates may require 24-hour nursing care
including assistance with activities of daily living such as feeding, toileting, and dressing.
These inmates may have frequent visits to medical specialists or hospitalizations for
specialized medical care that isn't available in the MRC.
The CD or designee makes a care level assessment upon an inmate's arrival, and regularly
reviews and revises medical care levels as the inmate's health needs change.. Each institution
will develop a process for reviewing and updating inmate medical care levels. The Chief
Psychologist or designee makes a mental health care level assessment upon an inmate's arrival,
and regularly reviews and revises mental health care levels as inmate needs change. The
Medical Director and Psychology Services Administrator will issue guidance regarding medical
and mental health care level criteria.
6031.05 5/14/2024 9
LATTANY, DEJANE 51090510
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 64 of 84
Exhibit 6(F)
Bureau of Prisons
Health Services
Clinical Encounter - Administrative Note
Inmate Name: LATTANY, DEJANE REANIECE Reg #: 51090-510
Date of Birth: 06/30/1990 Sex: F Race: BLACK Facility: VIM
Note Date: 01/18/2024 10:47 Provider: Peikar, Nader (MOUD) Unit: G08
Cosign Note - Lab Report Cosign encounter performed at Health Services.
Administrative Notes:
ADMINISTRATIVE NOTE 1 Provider: Peikar, Nader (MOUD) MD/CD
lab is requested.
Renew Medication Orders:
Rx# Medication Order Date
648451-VIX Ferrous SULFATE 325MG Tab 01/18/2024 10:47
Prescriber Order: Take one tablet by mouth each day x 180 day(s)
Indication: Anemia, unspecified
647440-VIX Prenatal Oral Tablet 27-0.8 MG 01/18/2024 10:47
Prescriber Order: Take one tablet by mouth daily for 30 days x 180 day(s)
Indication: Encounter for supervision of normal pregnancy
New Laboratory Requests:
Details Frequency Due Date Priority
Lab Tests - Short List-General-CBC One Time 01/26/2024 00:00 Routine
Copay Required: No Cosign Required: No
Telephone/Verbal Order: No
Completed by Peikar, Nader (MOUD) MD/CD on 01/18/2024 10:50
Generated 01/18/2024 10:50 by Peikar, Nader (MOUD) Bureau of Prisons - VVM Page 1 of 1
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 65 of 84
Exhibit 6(G)
INMATE SICK CALL SIGN-UP SHEET
(Formulario y Registro para Atencion Medica de Confinados)
To obtain a sick call appointment, personally hand to the Health Services Unit between 6:45 a.m. - 7:15 a.m. Monday, Tuesday, Thursday,
Friday.
(Para obtener una cita de consulta médica, debe de entregar este formulario a la Unidad de Servicios de Salud entre las 6:45 am - 7:15
am Lunes, Martes, Jueves, Viernes)
Name (Nombre) Dejane Lattany Register Number (Numero de Registro) 51090-510
Please Circle (Encierre en uncirculo): Medical (Medico) or Dental
Fill out this form completely, numbers 1-8. (Debe de llenar este formulario completamente, numerous 1-8.)
1. Work (Trabajo) f/sware[illegible] 2. Unit (Unidad) G-South 3. Date (Fecha) 12/27/23
4. Complaint (Queja), What is your problem? (Cual es su problema?)
I am Pregnant And I cannot Take An XRay. I Am In pain In Back and
Feet. My fingers And Feet Get Numb And Feet Get Too Swollen.
I am Sick And Dizzy And Need Medical Relief. Paperwork.
PAIN ASSESSMENT SCALE (Escala de valoracion del dolor)
PAIN LEVEL: (Nivel de dolor): WHAT THE NUMBERS MEAN
[smiling face] 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 [frowning face] [10 circled by hand]
1 You feel no pain. (No dolor)
2 You feel very mild pain and are only aware of it when you focus on it.
3-4 The pain is tolerable and can be ignored. You are able to continue normal activities. (Doloroso)
5-6 The pain is distressful, causing difficulty carrying out some normal activities.
7-8 The pain is severe, hindering concentration and ability to carry out all but simple activities.
9-10 [circled by hand] The pain is disabling, not allowing you to focus on anything but the discomfort. (Dolor intenso)
5. How long have you had this problem? (Durante cuanto tiempo ha tenido este
problema?) Days (Dias)____ Months (Meses)____ Years (Anos) 7
6. Are you on any medication(s) at present? (Esta usted tomando alguna(s) medicinas
actualmente?) NO
7. Signature (Firma) [signature]
TO BE FILLED OUT BY TRIAGE PERSONNEL/PARA SER LLENADO POR EL PERSONAL DE TRIAJE:
Notes:
Temp____ B/P____ HR____ R____ SP02____% If diabetic B.S.____
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 66 of 84
[illegible]
Exhibit 6(H)
INMATE SICK CALL SIGN-UP SHEET
(Formulario y Registro para Atencion Medica de Confinados)
To obtain a sick call appointment, personally hand to the Health Services Unit between 6:45 a.m. - 7:15 a.m. Monday, Tuesday, Thursday,
Friday.
(Para obtener una cita de consulta médica, debe de entregar este formulario a la Unidad de Servicios de Salud entre las 6:45 am - 7:15
am Lunes, Martes, Jueves, Viernes)
Name (Nombre) Dejane Lattany Register Number (Numero de Registro) 51090-510
Please Circle (Encierre en uncirculo): Medical (Medico) or Dental
Fill out this form completely, numbers 1-8. (Debe de llenar este formulario completamente, numerous 1-8.)
1. Work (Trabajo) Medical Idle 2. Unit (Unidad) G-South 3. Date (Fecha) 1/24/24
4. Complaint (Queja), What is your problem? (Cual es su problema?)
I Am Experiencing Sharp Chest pains, Chest Tightness And Headaches
Sporadically throughout the Day. And night. I need to see Dr. Peikar.
PAIN ASSESSMENT SCALE (Escala de valoracion del dolor)
PAIN LEVEL: (Nivel de dolor): WHAT THE NUMBERS MEAN
[smiling face] 1 - 2 - 3 - 4 - 5 - 6 - 7 - 8 - 9 - 10 [frowning face] [9 - 10 circled by hand]
1 You feel no pain. (No dolor)
2 You feel very mild pain and are only aware of it when you focus on it.
3-4 The pain is tolerable and can be ignored. You are able to continue normal activities. (Doloroso)
5-6 The pain is distressful, causing difficulty carrying out some normal activities.
7-8 The pain is severe, hindering concentration and ability to carry out all but simple activities.
9-10 [circled by hand] The pain is disabling, not allowing you to focus on anything but the discomfort. (Dolor intenso)
5. How long have you had this problem? (Durante cuanto tiempo ha tenido este
problema?) Days (Dias) 15 Months (Meses)____ Years (Anos)____
6. Are you on any medication(s) at present? (Esta usted tomando alguna(s) medicinas
actualmente?) Yes.
7. Signature (Firma) [signature]
TO BE FILLED OUT BY TRIAGE PERSONNEL/PARA SER LLENADO POR EL PERSONAL DE TRIAJE:
Notes:
Temp____ B/P____ HR____ R____ SP02____% If diabetic B.S.____
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 67 of 84
Exhibit 6(I)
med.
Insufficient
med ca[cut off at copy edge]
Attachment A
REQUEST FOR ADMINISTRATIVE REMEDY
INFORMAL RESOLUTION
INSTITUTION (CIRCLE ONE) FCI I FCI II USP CAMP [CAMP circled by hand]
NOTICE TO INMATE: Be advised that before filing a Request for Administrative Remedy form
BP-229 (except as provided in §542.13(b)), you shall attempt to informally resolve your
complaint through your Correctional Counselor. Briefly state the complaint below and list
what efforts you have made to resolve your complaint informally. State names of staff
contacted.
1. Complaint and resolution you expect: B[illegible] Pregnant, I find myself in a Distressing Situation where essential
[handwriting runs past the left edge of the copy on the following lines; first letters missing and not supplied]
Medical Attention, As Outlined in The established procedures For Pregnancies, Has Not Been Provided. unfortunately, I have Not
e Through a Thorogh examination by medical Staff, And Critical Component of Prenatle Care. There Has Not Been a proper
ssment To determine my delivery date. Complicating Matters, The Assignment Took Two weeks to Be Changed from
[illegible]ding [illegible] Work due To Medical Staff Not Providing The proper Medical paperwork. I am still suffering from numb fingers and Toes
To the unit temperatures, considering my Pregnancies and Medical History, This Raises Significant concerns about Potential Risks To Both my
ing and that of my unborn child. With a Documented History of high Blood pressure And challenging Pregnancies; [struck through] IS crucial For me to
ive Proper [struck through] medical care And To Be in Regulated temperatures that do Not compromise my Health and That of The Baby.
g my Pre-Sentence Report that you have acce[illegible] to And can verify my Medical And Mental Health History
side my Urgent Request for a thorough Investigation, I Implore your prompt Intervention to schedule a medical appointment, ensuring the Necessary
attention for my pregnancy.
2. Efforts you have made to informally resolve:
I have Attended Sick Call Each Week, I have Written Sick Call Forms and
Also Regular Cop-Outs. I have Also Tried Walk INs at medical.
None Of My efforts have Resulted In My Immediate Needs Being Met.
Dejane Lattany [signature] 51090-510 01/04/202[illegible]
Inmate's Name/Signature Reg. No. Date
******************************************************************************
FOR STAFF USE ONLY
1.4.2024 1.9.2024
Date Form Issued Date Form Returned BP-9 Issued BP-9 Returned
Steps taken to resolve complaint and conclusion: You were seen by the provider
on 12.21.2023 & was provided medical duty restrictions. You have a [illegible]
OB/Gyn appointment & waiting scheduling. You are on a call out for
1.11.2024.
[signature] 1.10.2024
Counselor Signature Date
Unit Manager's Comments: CONCUR WITH STEPS MADE TO
RESOLVE YOUR COMPLAINT.
[signature] 1-10-2024
Unit Manager Signature Date
Distribution: If complaint is NOT informally resolved - Forward this original form
attached to BP-9 Form to the Administrative Remedy Clerk.
VIX 1330.18c 8-24-20 4
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 68 of 84
Exhibit [illegible]J)
mea.
Insufficient
med ca[cut off at copy edge]
Attachment A
REQUEST FOR ADMINISTRATIVE REMEDY
INFORMAL RESOLUTION
INSTITUTION (CIRCLE ONE) FCI I FCI II USP CAMP
NOTICE TO INMATE: Be advised that before filing a Request for Administrative Remedy form
BP-229 (except as provided in §542.13(b)), you shall attempt to informally resolve your
complaint through your Correctional Counselor. Briefly state the complaint below and list
what efforts you have made to resolve your complaint informally. State names of staff
contacted.
1. Complaint and resolution you expect: B[illegible] Pregnant, I find myself in a Distressing Situation where essential
[handwriting runs past the left edge of the copy on the following lines; first letters missing and not supplied]
Medical Attention, As Outlined in The established procedures For Pregnancies, Has Not Been Provided. unfortunately, I have Not
e Through a Thorogh examination by medical Staff, And Critical Component of Prenatle Care. There Has Not Been a proper
sment To determine my delivery date. Complicating Matters, The Assignment Took Two weeks to Be Changed from
[illegible]ding [illegible] Work due To Medical Staff Not Providing The proper Medical paperwork. I am still suffering from numb fingers and Toes
To the unit temperatures, considering my Pregnancies and Medical History, This Raises Significant concerns about Potential Risks To Both my
ng and that of my unborn child. With a Documented History of high Blood pressure And challenging Pregnancies; [struck through] IS crucial For me to
ive Proper [struck through] medical care And To Be in Regulated temperatures that do Not compromise my Health and That of The Baby.
ng my Pre-Sentence Report that you have acce[illegible] to And can verify my Medical And Mental Health History
g side my Urgent Request for a thorough Investigation, I Implore your prompt Intervention to schedule a medical appointment, ensuring the Necessary
attention for my pregnancy.
2. Efforts you have made to informally resolve:
I have Attended Sick Call Each Week, I have Written Sick Call Forms and
Also Regular Cop-Outs. I have Also Tried Walk INs at medical.
None Of My efforts have Resulted In My Immediate Needs Being Met.
Dejane Lattany [signature] 51090-510 01/04/202[illegible]
Inmate's Name/Signature Reg. No. Date
******************************************************************************
FOR STAFF USE ONLY
1.4.2024
Date Form Issued Date Form Returned BP-9 Issued BP-9 Returned
Steps taken to resolve complaint and conclusion:
Counselor Signature Date
Unit Manager's Comments:
Unit Manager Signature Date
Distribution: If complaint is NOT informally resolved - Forward this original form
attached to BP-9 Form to the Administrative Remedy Clerk.
VIX 1330.18c 8-24-20 4
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 69 of 84
Case No. 1:23-cr-00074-NYW Document 74 filed 07/15/24 USDC Colorado pg 6 of 8
Exhibit 7(A)
is warranted in this action. No discovery has been requested or authorized by the Court.
Thus, Rule 8(c) and Rule 6(a) of the Rules Governing Section 2255 Proceedings for the
United States District Courts do not require appointment of counsel at this juncture, and
the Court exercises its discretion in considering the Motions.
Furthermore, the Court is not persuaded that appointment of counsel is necessary
in the interests of justice. There is no indication that Applicant requires the assistance of
counsel to identify the specific facts or set forth coherent arguments in support of her
claims that Mr. Flores-Williams did not adequately represent her. Ms. Lattany is a well-
educated person, though lacking in legal training, can identify facts to support her claim
that Mr. Flores-Williams was ineffective in representing her. Rather, throughout these
proceedings, Ms. Lattany has demonstrated an ability to present articulate, sophisticated,
and well-reasoned arguments and respond to issues raised by the Court.
The Court also is unpersuaded that the nature and complexity of the § 2255 Motion
supports appointment. The § 2255 Motion is fully briefed at this stage; Ms. Lattany filed
and supplemented it without the assistance of counsel [Doc. 46; Doc. 62], the United
States responded [Doc. 61], and Ms. Lattany replied [Doc. 65]. Indeed, on February 27,
2024, Ms. Lattany submitted a detailed "Response to Prosecution's Rebuttal / 2255 /
Ineffective Counsel" [Doc. 65], which the Court construes as Applicant's Reply in support
of her § 2255 Motion. The Reply demonstrates that Ms. Lattany can conduct legal
research, identify relevant facts, and craft arguments.2 See generally [id. (Ms. Lattany's
2 The Court further observes that, pursuant to Rule 8(c) of the Rules Governing Section
2255 Proceedings for the United States District Courts, counsel will be appointed should
the Court determine that an evidentiary hearing is warranted.
6
[passages from "There is no indication" to "raised by the Court." and from "The § 2255 Motion is fully briefed" to "(Ms. Lattany's" are highlighted by hand on the copy]
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 70 of 84
Case No. 1:23-cr-00074-NYW Document 74 filed 07/15/24 USDC Colorado pg 7 of 8
Exhibit 7(B)
notably sophisticated Reply)]. Thus, the § 2255 Motion is fully briefed and ripe for a
decision on the merits, which will be issued by the Court in due course.
Finally, the Court respectfully concludes that Ms. Lattany has not demonstrated
exceptional circumstances warranting the appointment of counsel at this juncture of her
post-conviction proceedings. Ms. Lattany requests counsel immediately because, in BOP
custody, she has been relocated several times and "continue[s] to face challenges, along
with [her] pregnancy and health concerns, that are impeding [her] ability to comply with
the Court's directives, along with properly exhausting [her] administrative remedies in the
BOP system." [Doc. 69 at 3]. In a letter dated June 11, 2024, Ms. Lattany also alleges
hardships she has endured while in BOP custody. See generally [Doc. 72].
[handwritten in right margin, faint: * Proof that I have [illegible] [illegible] several times]
Insofar as Ms. Lattany asserts that her pregnancy and/or health concerns impede
her ability to litigate this case, the Court declines to consider this argument absent
additional information explaining how her health has impacted her ability to proceed pro
se. And while the Court understands and acknowledges the inherent difficulties in
litigating a case while incarcerated, those difficulties are—unfortunately—neither unique
nor exceptional, and there is no constitutional right to counsel in post-conviction
proceedings under § 2255. See Swazo, 23 F.3d at 333. Accordingly, the Court concludes
that Ms. Lattany has not demonstrated exceptional circumstances warranting the
appointment of counsel at this stage of the proceedings. See Toevs v. Reid, 685 F.3d
903, 916 (10th Cir. 2012) (explaining appointment of counsel is appropriate in "extreme
case[s] where the lack of counsel results in fundamental unfairness.").
For all of these reasons, the Motions for Appointment of Counsel are respectfully
DENIED.
7
[passages from "notably sophisticated" to "in due course." and from "Ms. Lattany requests counsel" to "[Doc. 72]." are highlighted by hand on the copy]
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 71 of 84
Exhibit 7(C)
[certificate, printed sideways on the page]
[seal]
The National Society
of Leadership and Success
PRESENTS THIS CERTIFICATE
IN RECOGNITION THAT
Dejane Lattany
has successfully completed the NSLS Foundations of Leadership training program and committed to further
personal development. In light of this accomplishment, membership has been conferred in the
University of Phoenix
Chapter of The National Society of Leadership and Success. As a member in good standing, the individual named above is entitled to all
honors, benefits, privileges, and responsibilities of the NSLS, effective this date of
November 17, 2023
[signature]
Gary Tuerack, Chief Visionary and Founder
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 72 of 84
Exhibit 7(D)
[diploma, printed sideways on the page]
University of Phoenix
Upon the recommendation of the Faculty
University of Phoenix does hereby confer upon
Dejane R Lattany
the degree of
Bachelor of Science in Health Management
with all the rights, honors and privileges thereunto appertaining.
In witness whereof, the seal of the University and the signatures as authorized
by the Board of Trustees, University of Phoenix, are hereunto affixed,
this thirty-first day of August, in the year two thousand twenty-three.
[signature]
Chairman, Board of Trustees
[seal: University of Phoenix]
[signature]
President
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 73 of 84
Exhibit 7(E)
[certificate, printed sideways on the page]
Certificate of Completion
The Recreation Department at FCC Victorville, CA Would Like to Acknowledge
DEJANE LATTANY
For Completing The FPC
TALKING WITH YOUR DOCTOR (FSA)
R.Meras [printed in script] 1/17/2024
R.Meras / Sports Specialist
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 74 of 84
Exhibit 7(F)
[handwritten on lined paper]
There Are ExtraOrdinary And Compelling Factors
The 3553(a) factors that weigh in my favor, that make me entitled
To Rel[illegible], whether through Compassionate Release or a reduction
Of Sentence in which I seek To obtain a modification of my
Sentence under The provision of the First Step Act of 2018.
3553(a)(1) Nature And Circumstance Of The offense - The Nature
And Circumstances That have Surrounded This offense Was
Brought on By the Covid-19 pandemic, Stress and pressures.
I acknowledge the seriousness of the offense that I Commited.
I deeply And Sincerely Regret my Conduct And I am
Sorry to those that my conduct Affected. I Remain in a
place of Repentance For my Actions. I will repay
The Damages And I Have learned grately from this
experience. I will Take What I have Learned to help others
not to make the same mistake that I have.
3553(a)(1) History And Characteristics - I have Been a Law Abiding
Citizen And would Have a zero point Criminal History if It were
not for ineffective Assistance of counsel (At the Time of Sentencing).
I am a 34 year old mother of 3 children And 1 that I am
Currently Pregnant With. I Am a member of A Nat[illegible]nal
[left edge of the copy cut off on the last two lines; first letters missing and not supplied]
onors society, In which I was inducted into After Being
derally Sentenced.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 75 of 84
Exhibit 7(G)2
[handwritten on lined paper]
I Recieved my Bachelors Degree in Health care management
During Sentencing As Well. I Am the Primary care
Taker of my Children. In Addition, I am the only
Caregiver For my grandmother, Age 71, Who is now a
Widow and suffers from different Health conditions
that prevent her from Accomplishing Activities of
Daily living. I Am Also A Big Sister And An Aunt
Who Serves As a role model and Leader To them
And those in my Community. I Have a Background
In Obtaining my license As a Certified Nurses Assistant,
Phlebotomist, Qualified medication Administration personal,
An Insurance Broker And a Bail Agent / Surety Producer.
Today, my Character Has developed into a more
mature And Caring Woman. While incarcerated, I
have worked to improve in All Aspects of my life.
Most Importantly, I Have continued To pursue
my faith As a Christian woman And Have Built
A Closer Relationship with our Heavenly Father.
From God, I've learned to live a humble Life;
To Be Patient, Understanding And Wise. I Have
matured Spiritually in my Walk with the Lord.
I have pursued to understand my mental Health
And physical health conditions through attempting
to Speak with Health Care providers (very Limited While incarcerated),
Programing And Counselling (Albeit the Bureau of Prisons
is unable to meet like that of what I Recieved outside
in the Community).
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 76 of 84
Exhibit 7(H)3
[handwritten on lined paper]
Mental Health And family Counseling is a needed continuance
As I transition And Reintergrate into the Community.
Because I have Already obtained my associates And
my Bachelor's degree, I Sought to Obtain my Master's
degree. However, The institutions Within the BOP Have
failed To Allow that option For me. In the meantime,
I have enrolled And completed FSA Courses And
ACE Classes (That Are Designed to Bring Down my ricidivism points)
Although I Am a minimum, The BOP (Bureau of Prisons) Have
Used my State Case To Remove me from the Camp custody
level to place me in Custody with violent offenders, Drug
Addicts and in an overall Harsh environment. This Has
made my incarceration more punitive.
Currently, I am doing my Best to develop And enhance
the life skills that I need to Be devoted As a Loving
Mother. I will Do my Best to Have a positive impact
on Society.
3553(a)(1)(a)(4) Mental And emotional Conditions - Since
self surrendering, Being Ripped Away from my One And a
half year old (At the Time), And Finding Out that I
Am pregnant After in Custody, I Have suffered a series
Of men[illegible]al And emotional traumas such As Anxiety, Panic Attacks
And Developing A Cardiovasculer AV-Block Due to the
Bureaus of prisons (BOP'S) Neglect And Inability to place me
In the Correct Environments With the correct care.
I am Currently suffering from Fear And Trauma Due
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 77 of 84
Exhibit 7(I)4
[handwritten on lined paper]
In Addition, I Was molested When I was 8 years old
And I am Currently Being Forced to Be Confined
With Actual male prisoners, People Charged with child molestation
And People who are charged with killing children.
In Addition, The person Who Molested me was an Addict,
I am also forced to Be surrounded By Addicks Due
to the Bop Using my Concurrent State sentence to
Place me in this environment. This Alone is So very
traumatizing to that of my mental Health And the
Health of my unborn child.
The Bureau of Prisons has Limited Services And Individual
Resources For my Individual needs. With All that is going
on With my Health and mental Health Spiking without
treatment A[illegible]d is Severly Neglected.
3553(a)(1)(a)(6) physical Condition - I am High Risk
While pregnant, Have a Body Mass Index of 41, I Have
High Blood pressure, High Cholesteral, I Am Pre Diabetic,
Anemic And More (Please see my PSR). I have Developed
While Incarcerated An Iron Deficiancy And A Cardiovascular AV-
Block While in Bop Custody. These Conditions
Are All Left Untreated even with recieving the inadequate
Medical Care offered.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 78 of 84
Exhibit 7(J)5
[handwritten on lined paper]
3553(a)(1)(a)(10) Family Ties And Responsibilities
This Court Knows that I Am the Primary care taker
for my children And Care giver for my grandmother.
Hardship Has overtaken my family and is Straining
for my Household. Having this next BaBy that I
am pregnant With will only Add to the Hardship
For All of my Children And family. It is evident
that my Family Along with my soon to Be New born
needs me to Be home
3553(a)(2)(D) To provide The Defendant with needed...
In the most effective manner.
Medical Care: this Court is Aware of my medical Conditions prior
to surrendering And Conditions developed While in Bop Custody
for Both my State and Federal Sentences. I Was only
Offered psychotropic medications or medical Trips that worsened
my Conditions and Resulted in No Help (in place of sufficiant care)
It is quite evident that my medical needs Are Being neglected.
My UnBorn Child's and my own Well-being, Life, And Safety
is Compromised By the Incredible Medical Indifferance And
Neglect By the Prison System, Bureau of Prisons, And without
Judicial intervention By this Court, I fear for my Life.
my continued Incarceration will only effecuate irrepairable Harms,
Permanant damages And the High Possiblity of my Death And or
Death of my unborn child. In This And In Combination Among
Others makes this Sentence greater than necessary.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 79 of 84
Exhibit (K)6
[handwritten on lined paper]
3553(a)(3) The Kinds of Sentences Available - A Term of Supervised
Release (A Term of imprisonment) open An Avenue To modify
A Sentence By Converting the Remaining Term of
Imprisonment to Supervised Release.
In How This is Implemented is Based upon the Sentencing court
And The Type of Discretionary Conditions that Are Applicable
To the defendant, I Am pleading to this Court to utilize
the Use of Substitutions For imprisonment. Part C
U.S.S G § 5C1.1 imposition of a term of imprisonment
U.S.S.G § 5C1.1(e) Schedule of Substitute punishments; 5C1.1
(e)(2) One Day of Community Confinement (Residence in
a Community treatment Center, Halfway house or Similar
residential Facility) For One day of Imprisonment; 5C1.1(e)(3)
One Day of Home Detention For One Day of Imprisonment.
Application of Subsection (e): Subsection (e) Sets Forth A
Schedule of Imprisonment Substitutes 6. Use of Substitutes
For Imprisonment - The Use of Substitutes As provided in
Subsection (c) And (d) is Not Recomm[illegible]ed For most defendants
With a Criminal History Catagory of III or Above.
(I am a Catagory II).
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 80 of 84
Exhibit 7(L)7
[handwritten on lined paper]
Part F Sentencing options - U.S.S.G § 5F1.1 community confinement.
1. "Community Confinement means a Residence in a
Community treatment Center, Halfway House, Restitution Center,
mental Health facility, Alchohol or Drug Rehabilitation Center
OR other Community facility.
5F1.2 Home Detention 1. "Home Detention" means
a program of Confinement And supervision that Restricts
the defendant to His place of Residence contin[illegible]ly
except for Authorized Absences enforced By Appropriate
means of Surveillence By the Probation office.
5F1.3. Community Service.
I am Therefore pleading that this court will convert the
Remainder of my sentence To Home Confinement / Detention
So that I may Alleviate some of the Hardships of my
Children And family And Address my Health CRISIS / issues
Properly.
The conversion of the remainder of my sentence to home confinement
will not only continue promoting Respect to the Law And to the
court's Already Gracious Sentence, but will m[illegible]t 3553(a)(2)(D) To
Provide the defendant with needed medical care in the most
manner By Giving me the opportunity to fully Address And
manage my Health conditions By obtaining a genuine Doctor
who will address All of my Health problems And treat or
refer me To Specialists Along With the much needed
mental Health Care.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 81 of 84
Exhibit 7([illegible])8
[handwritten on lined paper]
it will Benefit my children And their Mental Health. It will
help us to Begin on the path to Heal And Rebuild
our Lives in a Healthy lifestyle. This will give me the
Opportunity to serve my community And make a mense
for the disappointment I have caused within my Center of
Influence.
In support that Home confinement is appropriate, I Would
Also like To Address that this Court recommended me to Be
placed in Colorado Where All of my Children, Family And
Support Are.
On January 22nd 2024, The Regional medical Director (Dr. Peikar
At Victorville FPC) Approved me to Be Released to the MINT program
for Mothers designed As An Out Custody facility Because of my
High Risk Pregnancy And Risk of Contracting Covid. However, Due
to a conversation on January 30th 2024 with Social Worker
Commander Harris At Victorville About Dr. Peikar's Recommendation
for Home Confinement, the next Day January 31st Victorville
FPC placed a Detainer on me in Sentry For my concurrent State
Sentence causing me to Be inelligable For the MINT program or
Home Confinement By the Warden. I filed Administrative Remedies
And Was not Answered in 30 days from Victorville And Was
not Answered At All By the Warden Here At Carswell FMC
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 82 of 84
Exhibit 7(N)9
[handwritten on lined paper]
I would like to point out that I am not a concern
For Public Safety As I Have demonstrated this
completing Probation For Both the State And
Federal courts for Pretrial Release And I Was
allowed to self surrender.
I Pray This Court Will Seriously Consider to convert
the Remainder of my Sentence in to Home confinement
And Supervised Release.
By granting me a Reduction in Sentence will By no means
obstruct the sentence made By this court, because
of the Provisions the Second chance Act And the First
Step Act, In which with FSA's, A year is Reduced with
Earned Time Credits, This Changes my entire calculation of
my sentence.
As I have programmed And Committed To Bettering myself, I
will Be eligible to re[illegible]e these After I Finish the
Administrative Remedy Process.
In Conclusion, I Have met the High Burden of Compassionate Release / Reduction
of Sentence. I Have extraordinary And compeling Reasons
As this court Has Acknowledged And the 3553(a) Factors
Do Seriously weigh in my favor. I pray this Court
grants this Motion.
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 83 of 84
[front of mailing envelope; typed text printed sideways]
Ever Valenzuela-Ramos -Legal Mail-
Fed. No. 60242-051
F.C.I. Big Spring
1900 Simler Ave.
Big Spring, Texas 79720
[postage stamps: eight "FREEDOM FOREVER USA" flag stamps]
[postmark] MIDLAND TX 79[illegible]
MON 29 JUL 2024
United States District Court
901 19th St. Room A105
Denver, Colorado 80294-3589
-Legal Mail-
Case No. 1:23-cr-00074-NYW Document 76 filed 08/01/24 USDC Colorado pg 84 of 84
[back of mailing envelope; typed text printed sideways]
-Legal Mail-
-Legal Mail-


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