Court filing

Certificate of Service of Petition for Writ of Mandamus — United States v. Bowens (M.D. Fla.)

Summary

Filed 07/14/25 as Document 136 in Case 6:21-cr-00141-RBD-NWH, this filing pairs an Eleventh Circuit certificate of service with a petition for writ of mandamus brought for Emmet Bowens by next friend and wife Taquanda Bowens. The petition asks the court to compel the United States to provide a revocation hearing under 18 U.S.C. § 3148, conduct a renewed competency evaluation and release Bowens from detention at Federal Medical Center, Butner, if no lawful basis for continued confinement exists.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed July 14, 2025 in United States v. Bowens; one of 64 filings from this case.

Record facts

Court	U.S. District Court for the Middle District of Florida
Filed	2025-07-14

Cite this document

“Certificate of Service of Petition for Writ of Mandamus — United States v. Bowens (M.D. Fla.).” U.S. District Court for the Middle District of Florida, No. 6:21-cr-00141-RBD-NWH, Doc. 136, filed 2025-07-14. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-emmet-bowens-flmd-396523/2025-07-14-certificate-of-service-of-petition-for-writ-of-mandamus-gov-uscourts-flmd-396523-136-0/, SHA-256 ea99733de4a85e3b62fcc63a34ab2d9e1830d92bab082edd98c6a513dc6dbf4d.

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Full text

Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 1 of 31 PageID 351
U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
CERTIFICATE OF SERVICE

(Use this form only if service is being made other than through the Court’s electronic-filing system.)

tAS A vs. Bowens Appeal No. ZS- (212z
FRAP 25(b) through (d) require that at or before the time of filing a paper, a party must serve a
copy on the other parties to the appeal or review. Unless the document is being served through
the Court’s electronic-filing system, the person making service must certify that the other
parties have been served, indicating the date and manner of service, the names of the persons
served, and their addresses. You may use this form to fulfill this requirement.
Please type or print legibly.

I hereby certify that on (date) w/k 7 / ZOLS , a true and correct copy of the

foregoing (title of filing) AN Ponta Wy of Mo noltys has been (check one):

wo sent by mail, postage prepaid

O deposited in the prison’s internal mailing system with first-class postage prepaid
O sent by electronic means with the consent of the person being served

oO other (specify manner of service)

and properly addressed to the persons whose names and addresses are listed below:

US District Cort Middle Distrvet of Elanda,
Tidge Aaton Ww. Hell
Ho} WW. Centyal Bld. Orlando FL 3230!

Tey nad « Wo we nv aren
C-Your Name (please print) Your Signature

Rev.: 12/20
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 2 of 31 PageID 352
‘UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

In re: EMMET BOWENS,)

Petitioner. ) : Case No. Z) - -(7.1Z2

PETITION FOR WRIT OF MANDAMUS

Petitioner Emmet Bowens, by next friend and wife Taquanda Bowens,
respectfully petitions this Court under 28 U.S.C. § 1361 for a writ of
mandamus compelling Respondent United States of America to perform its
nondiscretionary duties: (a) to provide Petitioner with a valid revocation
hearing under 18 U.S.C. § 3148, (b) to conduct a renewed competency
evaluation under 18 U.S.C. §§ 4241, 4246, and (c) to release Petitioner from

unlawful detention if no lawful basis for continued confinement exists.
I PARTIES

1. Petitioner Emmet Bowens is detained at Federal Medical Center,
Butner, North Carolina, under warrant issued March 21, 2023 (Case

No. 6:21-cr-00141-RBD-NWH) and executed December 10, 2024.

2, Next friend, Taquanda Bowens is Petitioner’s wife and authorized

next friend under Fed. R. Civ. P. 17(c).
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 3 of 31 PageID 353
3. Respondent United States of America is sued through the U.S.

Attorney for this District.
I. JURISDICTION AND VENUE

4, Mandamus jurisdiction lies in this Court under 28 U.S.C. § 1361, which
empowers district courts to compel an officer or employee of the United
States to perform a duty owed, Coleman-Bey v. United States, 512 F. Supp.
2d 44, 49 D.C. 2007). |

5. Venue is proper in the Orlando Division, the originating forum for the

underlying criminal proceedings. 18 U.S.C. § 3237(a).

I. LEGAL STANDARD

6. A writ of mandamus is an extraordinary remedy available only when: (1)
the petitioner’s right to relief is “clear and indisputable,” (2) the respondent
owes a “clear nondiscretionary duty,” and (3) no adequate alternative
remedy exists. Cheney v. U.S. Dist. Ct., 542 U.S. 367, 380-81 (2004), Little
v. Holder,F. Supp. 3d, 2012 WL 2890311, at 4 (D. Md. 2012).

7. The petitioner bears the burden to show entitlement to the writ. Abboud v.

Bureau of Prisons, 2022 WL 3359455, at 2 (M.D. Fla. Aug. 18, 2022).
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 4 of 31 PageID 354
IV. STATEMENT OF FACTS

A. Indictment and Competency Proceedings

8. On October 13, 2021, Petitioner was indicted for wire fraud ( Case No
6:21-cr-141-RBD-EJK).

9. On July 13, 2022, Magistrate Judge Kidd found Petitioner incompetent
under 18 U.S.C. § 4241(d) and committed him to the Attorney General for
restoration at FMC Butner for up to four months. (Exhibit 1).

10. Petitioner was ordered to surrender March 21, 2023, after restoration

designation. (Ex. 1 at 4).

B. Violation Petition and Invalid Warrant

11. On March 21, 2023, Pretrial Services filed a violation petition under 18
U.S.C. § 3148 for tampering with GPS monitoring. (Exhibit 2).

12, Magistrate Judge Kidd issued a warrant absent a fresh probable-cause
hearing or detailed petition supporting arrest. (Ex. 2). |

13. Petitioner absconded, was declared fugitive, and a new docket (Case No.
6:21-cr-00141-RBD-UAM-1) was opened, duplicating jeopardy.

C. Arrest and Continued Detention

14. On December 10, 2024, Petitioner was arrested in Mississippi and

remanded without a show-cause hearing, trial, or renewed competency

evaluation. (Ex. 3).
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 5 of 31 PageID 355
15. Petitioner remains detained over 5 months beyond the original four-
month restoration period under 18 U.S.C. § 4241(d), with no competency re-
hearing.

16. Petitioner has never been convicted of the violation and no revocation

hearing under § 3148 has occurred.

_ D. Medical Mistreatment .
17. On December 13, 2024, while detained at Lafayette County Detention
Center in Oxford, Mississippi, Petitioner was improperly given another
inmate’s prescription medication for gout and blood pressure, rather than his
own, posing serious health risks and violating his Eighth Amendment right
against cruel and unusual punishment and Fourteenth Amendment due
process. See Estelle v. Gamble, 429 U.S. 97, 103-04 (1976); United States

v. Weston, 55 F. Supp. 2d 23, 29-30 (D.D.C. 1999).

E. Denial of Access and Counsel

18. Family and successive counsel Andrew Searle and Charles Taylor, Jr.
were rejected from filings. Petitioner has been denied counsel or self-
representation as guaranteed by the Sixth Amendment and Faretta v.

California, 422 U.S. 806 (1975).

19. A habeas corpus petition had been filed on Petitioner’s behalf under 28

U.S.C. § 2241 challenging the lawfulness of his detention, but as of June 12,
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 6 of 31 PageID 356
2025, the outcome remains pending. Mandamus relief is still necessary
because the habeas petition does not automatically compel the ministerial
duties Respondent must perform, and Petitioner faces continued harm absent
immediate judicial action.

V. ALLEGED VIOLATIONS AND LEGAL CLAIMS

A. Due Process (F ifth Amendment) and Section 4241(d) Procedure

20. Petitioner’s indefinite detention without timely restoration or hearing
violates due process and 18 U.S.C. §§ 4241(d) and 4246(b), which require a
hearing to determine restoration prospects every four months. Sell v. United

States, 539 U.S. 166, 181-82 (2003).

B. Speedy Trial (Sixth Amendment; 18 U.S.C. §3161)

21. Petitioner has been detained over eighteen months without trial or
revocation hearing, violating the Speedy Trial Act, 18 U.S.C. § 3161(c)(1).
See Morris v. Gonzalez, F. Supp. 3d, 2023 WL 2976230, at *4 (S.D. Tex.

C. Double Jeopardy (Fifth Amendment; Blockburger Test)
22. Charging Petitioner in two case numbers for the same conduct violates _

the Double Jeopardy Clause. Blockburger v. United States, 284 U.S. 299,
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 7 of 31 PageID 357
304 (1932); Borchardt v. United States, 469 U.S. 937, 948-49 (1984)
(dissent).

D. Unlawful Arrest and Detention; Fourth Amendment

23. Arrest on an invalid warrant without probable cause violates the Fourth

Amendment. United States v. O’Donnell, 209 F. Supp. 332, 335 (D. Me.

E. Denial of Counsel and Self-Representation
24. Denial of counsel or right to proceed pro se violates the Sixth
Amendment. Faretta, 422 U.S. at 819; Milton v. Morris, 767 F.2d 1443,

1451 (9th Cir. 1985).

F. Deliberate Indifference to Medical Needs.
25. Administering incorrect medical drugs constitutes deliberate indifference
under the Due Process Clause. Riggins v. Nevada, 504 U.S. 127, 135 (1992);

United States v. Weston, 55 F. Supp. 2d at 29.
VI. NO ADEQUATE ALTERNATIVE REMEDY

26. Petitioner cannot file habeas in this District due to out-of-district
confinement and no counsel; direct appeal is unavailable absent conviction;
mandamus is necessary to compel ministerial duties. Cheney, 542 U.S. at

380-82; Abboud, 2022 WL 3359455, at 3.
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 8 of 31 PageID 358
Vil. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:
A. Issue a writ of mandamus directing Respondent to perform its

nondiscretionary duties to:
1. Conduct immediately.a revocation hearing under 18 U.S.C. § 3148;

2. Re-evaluate competence under 18 U.S.C. §§ 4241 & 4246 and, if

incompetence persists, recommit or release Petitioner;
3. Review and vacate the invalid warrant and order immediate release;

B. Alternatively, issue an order to show cause why these duties should not
be performed;

C. Grant any further relief deemed just and proper.

Respectfully submitted on June 11", 2025. _,

For Emmet Bowens, Pro Se

[Address]
[Phone]

[Email]
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 9 of 31 PageID 359
EXHIBITS

. Order Finding Incompetency.

2. Petition and Warrant for Violation of Pretrial Release.
3. Arrest Warrant. |

4, Standing Order on Due Process Protections Act.

5. Habeas Corpus Petition.
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 10 of 31 PageID
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing motion
has been furnished to the by dus. Mail 0 email 0 hand delivery 0 e-filing

portal

DATED: June 11" 2025 BY: (pte
For Emmet Bowens, Pro Se
[Address]

[Phone]

[Email]
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 11 of 31 PageID
CERTIFICATE OF COMPLIANCE

I HEREBY CERTIFY that this petition complies with the font requirements

of Rule 9.100 (1) of Florida Rules of Appellate Procedure.

DATED: June 11" 2025 BY:

For Emmet Bowens, Pro Se

[Address]
[Phone]
[Email]
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 12 of 31 PageID
—_—— ee FF Tree — ee —“—— cme Cw werEeSs. Swe pete ~ Denia

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

IN RE: Due Process Protections Act CASE NO. 3:20-mc-20-J3-32

STANDING ORDER REGARDING
DUE PROCESS PROTECTIONS ACT .
Pursuant to the Due Process Protections Act, the Court confirms the

United States’ obligation to produce all exculpatory evidence to the defendant

pursuant to Brady v. Maryland, 373 U.S. 83 (1963), and its progeny and orders
thé United States to do so. Failing to do so in a timely manner may result in.
consequences, including exclusion of evidence, adverse jury instructions,
dismissal of charges, contempt proceedings, and sanctions.

The Clerk is directed to enter this order in all criminal cases pending on
October 21, 2020, or filed thereafter.

DONE AND ORDERED in Jacksonville, Florida on December 1, 2020.

TIMOTHY J. CORRIGAN
“Chief United States District Judge
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 13 of 31 PageID
Gase 6:34-ch 2RIGERBDSUANL DeRYMAn tbc Filed de/G9124/05Page.t ofA ragelD 313

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA

Vs. CASE NO: 6:21-cr-141-RBD-EJK
EMMET BOWENS |

ORDER

On July 13, 2022, United States Magistrate Judge Embry J. Kidd entered an
Order finding Defendant Emmet Bowens incompetent to proceed to trial, pursuant

to 18 U.S.C. § 4241(a) and (d). Doc. No. 78. In that same Order, Magistrate Judge

Kidd committed Bowens to the custody of the Attorney General for treatment in a

suitable facility for a reasonable period of time, not to exceed four (4) months from
the date Bowens arrives at the designated facility, to determine whether there was
a substantial probability that in the foreseeable future Bowens would attain the
capacity to permit the proceedings to go forward. Id. At the time of Magistrate
Judge Kidd’s Order, Bowens was out on conditions of pretrial release, and he was
ordered to report to the designated facility upon notification by the Bureau of
Prisons. Id. See also Doc. ‘Nos. 7-2; 64. Bowens was thereafter directed to

voluntarily surrender on March 21, 2023 to the Federal Medical Center in Butner,

North Carolina (“FMC Butner). Doc. No. 84.
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 14 of 31 PageID
Case 6:21-€F-00444- RB WAVY PEREATEN f36 Filed APGP/ 24/25 Page. g Of4 CAg8'D 3601p

On March 21, 2023 the United States Pretrial Services Office filed a petition
alleging that Bowens violated his conditions of pretrial release by removing his GPS
monitor without permission and absconding. Doc. No. 100. Magistrate Judge
Kidd issued a warrant for Bowens’ arrest thatsame day. Doc. Nos. 101-102. Since
that date, Bowens has remained a fugitive, with his whereabouts unknown. See,
e.g., Doc. Nos. 103-104, 107-108. In addition, on June 21, 2024 Magistrate Judge
Kidd granted Attorney Andrew C. Searle’s motion to withdraw as counsel. Doc.
Nos. 109-110.

On December 10, 2024, Bowens was arrested in the Northern District of
Mississippi, and after proceedings under Federal Rule of Criminal Procedure 5(c),
Bowens was ordered remanded to the custody of the United States Marshals Service
for transport to this Court. Doc. No. 112. The undersigned held a hearing today,
at which the undersigned appointed Attorney Charles E. Taylor, Jr. to represent
Bowens under the Criminal Justice Act. Doc. Nos.113,115. The undersigned also
discussed with counsel the procedural posture of this case. and what further
proceedings should occur.

Based on that discussion, and in particular given the prior finding that
Bowens is incompetent to proceed and the absence of any evidence suggesting that

finding should be revisited at this time, and with counsel for all parties in
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 15 of 31 PageID
cr-00141-RBD-UAM Document116 __ Filed 12/26/24 Page 3 of 4 PagelD 321

agreement, the undersigned made the following rulings which are memorialized

herein:

1. Defendant Emmet Bowens is DETAINED pending further
proceedings and REMANDED to the custody of the United States Marshal.
Bowens’ current incompetency precludes the undersigned from conducting a
revocation of pretrial release hearing pursuant to 18 U.S.C. § 3148 at this time.

2. The finding of incompetency set forth in Magistrate Judge Kidd's July
13, 2022 Order (Doc. ‘No. 78) remains in full force and effect, and it is again
ORDERED that Defendant Emmet Bowens is committed to the custody of the
Attorney General to be hospitalized for treatment in a suitable facility. The term
of commitment is for such a reasonable period of time, not to exceed four months,
as is necessary to determine whether there is a substantial probability that in the
foreseeable future he will attain the capacity to permit the proceedings to go
forward. 18 U.S.C. § 4241(d)(1).

3. Itis further ORDERED that the Bureau of Prisons shall submit a report
to the Court and counsel for the parties within ten (10) days after the term of
commitment established herein expires addressing whether Bowens is then
competent to proceed to trial or, if not, whether there is a substantial probability
that in the foreseeable future Bowens will attain the capacity to permit the

proceedings to goforward. As this time period is established by statute, the Court
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 16 of 31 PageID
Case B:4-cF ORAL RRDSUANL, Dpgument 116. Filed 12/35/74 ocPags tof HF age D322 ID

will not extend it. Thus, it is further ORDERED that the Bureau of Prisons shall
promptly designate Bowens to a suitable facility and cause Bowens to be
transported to that facility on an expedited basis.

4. It is further ORDERED that the United States Marshals Service shall
forthwith provide a copy of this Order to the appropriate officials in the Bureau of
Prisons.

5. The United States is DIRECTED to file a motion for the release of
Bowens from the Attorney General’s custody within five (5) days of receipt of a
§4241(c) certificate. |

6. The parties are DIRECTED on January 31, 2025 and every thirty (30)
days thereafter, to provide a joint status report to the Court regarding Bowen's

competency. See Doc. Nos. 80, 105.

DONE and ORDERED in Orlando, Florida on December 26, 2024.

JESLIEHMFEMAN PRICE.
ES MAGISTRATE JUDGE

Copies furnished to:

United States Marshal
United States Attorney
Counsel for Defendant
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 17 of 31 PageID
a
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 18 of 31 PageID
CLASS S12 1RARPDIEA Pe ue te eat BAeid

MIDDLE DISTRICT OF FLORIDA

PRETRIAL SERVICES OFFICE
207 NW 2nd St Phone: (352) 421-7477
Ocala, Florida 34475 Fax: (352) 644-2984
MEMORANDUM
TO: Honorable Embry J. Kidd
‘ United States Magistrate Judge
. Megan Martin
FROM: United States Pretrial Services Officer
RE: 6:21-CR-00141-RBD-EJK-001
° Emmet Bowens
VIOLATION REPORT - WARRANT REQUESTED:
DATE: March 21, 2023

RELEASE STATUS:

On December 2, 2021, the defendant appeared before Magistrate Judge Linda T. Walker for his
Detention Hearing in the Northern District of Georgia. Judge Walker released the defendant on
an unsecured bond in the amount of $10,000 with Pretrial Services supervision and other
conditions as set forth in the Order Setting Conditions of Release, including location
monitoring. is

On December 16, 2021, the defendant appeared before Your Honor for his In-District initial
appearance and arraignment based on an Indictment, charging him with Wire Fraud and Illegal
Monetary Transaction. On July 13, 2022, The Court found the defendant currently not
competent to proceed to trial. On September 13, 2022, the United States Marshal Service |
informed the government that the defendant has been designated to receive his competency
restoration treatment at the Federal Medical Center in Butner, North Carolina. Mr. Bowens was
instructed to voluntary surrender on March 21, 2023, to at the Federal Medical Center in Butner,
North Carolina.

APPARENT VIOLATIONS:

1. Defendant’s location shall be electronically monitored by Pretrial Services,
Pretrial Services shall use GPS location monitoring system to use to monitor
Defendant. Defendant is placed on a curfew.

On March 21, 2023, at approximately 11:06 a.m., the defendant removed his Global Positioning
Satellite (GPS) ankle monitor without permission of Pretrial Services.
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 19 of 31 PageID
Case 6:210a900114RG DG0R0-IDSSURTEELUG Re@ULvONW 4 sme UD wea thts Boies fee

On March 17, 2023, ‘the defendant contacted this officer via text message’ andl ite
ei to: hig curfew so-he could travel tothe Federal Medical Ceri
C avelina, The tesdefendant s stated he. would leave on a meray and Simday:to qavel, ‘The’ viefendant

fis travel ¢ me The defendant ad vis is officer that fe would feave: ‘on it Marel 0, 20:
fortay e\Federal Medical Genter ‘in'Butner, North Carolina. This otticer: firmed with
the defendant she had extended this curfew so he may travelito Butner, North: Carolina

shone: and left voicemail
ile to vont this affiesrar ar

Deportes | te Behavioral Intervations TanelAcress @ alent ee jog and

air » from -supervisiom. A At this Aime: the defendant is considered I io tere
sion and hisswheredbouts ate curently ankeaos

ly recommended that:a warrant: be issued for the defendant's arrest, shargitig
ditions of release pursuant:to the provisions of Tifle 18, United States Code,
a8 ,and that his-bond be revoked pending further proceedings.

U ited: States oe ial Services: O flicer

Revigwed by:

United: States Pretrial Services Officer
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 20 of 31 PageID
———e Cas die ypictian ale Ceol 308d pid agelD

PS 8
UR SR)
UNITED STATES DISTRICT COURT
For the
Middle District of Florida
U.S.A. vs. Emmet Bowens Docket No. 6:21-CR-00)41-RBD-EJK-001

Petition for Action on Conditions of Pretrial Release

COMES NOW Megan Martin, U.S. PRETRIAL SERVICES OFFICER. presenting an
official report upon the conduct of defendant Emmet Bowens. who was placed under pretrial
release supervision by the Honor able Embry J. Kidd in the Court at Orlando, Florida, on December

Respectfully presenting a petition for action of Court and for cause as follows:
1. Defendant's location shall be electronically monitored by Pretrial Services, Pretrial
Services shall use GPS location monitoring system to use to monitor Defendant.

Defendant is placed on a curfew.

On March 21, 2023, at approximately 11:06 a.m.. the defendant removed his Global Positioning
Satellite (GPS) ankle monitor without permission of Pretrial Services.

PRAYING THAT THE COURT WILL ORDER A WARRANT BE ISSUED FOR THE
DEFENDANT'S ARREST AND HER BOND BE REVOKED THROUGH THE

PENDENCY OF HIS CASE.
ORDER OF COURT : I declare under penalty of perjury that the
foregoing is true and correct,
Considered and ordered this day
of « 2023 and ordered filed and Executed on March 21, 2023

made a part of the records in the above case.

U.S. Magistrate Judge
Embry J. Kidd

Reviewed and approved by:

et x _ 4 |
Assistant United States Attorney
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 21 of 31 PageID
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_ , AQ 242 (12/11) Petition for a Wait pf Habeas Corpus Under 28 U.S.C, § 2243 / 1

“UNITED STATES DISTRICT COURT

for the
_ Eine tt Bowwns )
° Petitioner )

(name of ‘warden or authorized person having custody of petitioner)

' PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 US.C. § 2241

Personal Information

1, @ Yourfullname: Rinna auors

Case No. LS pyn4 O4-C.GIM-DEL
(Supplied by Clerk of Court)

dO -- W14-

ZEISHd GZOSE

(b) Other names you have used: Camel. Bo

2. Place of confinement:

(@) Name of institution: PAC Bile an

(&) Address: WA JUKE ACh) tha hway 15 |

CL 93509

@x Your identification number: - “Tbl 155 hg

3. Areyou currently being held on orders by:
ederal authorities Ci State authotities G Other - explain:

4, hoo currently: .
‘A pretrial detainee (waiting for trial on criminal charges)

Serving a sentence (incatcetation, parole, probation, etc.) after having been convicted ofa crime

Ifyou are currently serving @ sentencd, provide:

(a) Namie and location of Wik hada “oa : ‘réu ely

eo Docket number ¢ of criminal oa case:
(c) Date of sentencing: Via |B

CiBeing held on an immigration charge NV i it
BOiner (eolary: Court Orolo « wtered 3/4/2022

* Page2 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 22 of 31 PageID
ce oe ant a a armen er eee eectmmay erate a neha na

Decision or Action You Are Challenging
What are you challenging in this petition: so
CiHow your sentence is being carried out, calculated, or credited by prison or parole authorities (for example,
" reyocation or calculation of good time credits) ”
ial detention
CI The validity 6f your cotiviction or sentence as imposed (for example, sentence beyond the siatntory
maximum a OF iichiciad caloulated under the sentencing guidelines)

ial
Conelthatiscal (au

@ Date of the decison or action: 12/0! 2O2N a | |

Your Earlier’ Challenges of the Decision or Action

First appeal
x appeal the decision, file a grievance, or seek an administrative remedy?
Tes EINo

(a) If“Yes,” provide:
. ve Name of the authority, agency, or court:

at Dateof fing Anat 21, 203s

(3) Docket number, case number, or or opinion number: mt (6,21-cr = i

A Rest: Documents roburns ;

(5) Date oftesult: / cl 242025

(© lssuessaised: “The pyaliditu of inlay .
impropet |

ot a chime ablerthe (|

Page3 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 23 of 31 PageID
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CAB Reiaty sald BBD: NU PD 136 =Filed 07/14/25 Page.23 of 31 PagelD

oe re ete,

(b) Ifyou answered “No,” explain why you didnot appeal: f//fp

8 Second appeal
wo did you file a second appeal to a higher authority, agency, or court?
CINo
(a) If“Yes,” provide:
(1) Name of the authority, agency, or cout: nile; Stole s (oo / al
Eleventh Cre ote
@) Detecting: Ap) 2% 25 :
(3) Docket xumber, case number, or opinion number: [kas £5- Gon77

(4) Result: ~The Come loiat is being Proci Sseoh_
(5) Datoofresult: April 18,2020" ~
(6) Issuesraised: Complaint for TWoltets (Cond vet

(b) Ifyou answered “No,” explain why you did not file a second appeal:

9. Third appeal

After the second appeal, did you file a third appeal to a higher extort agency, or court?
CYes No
(a) If“Yes,” provide:

(1) Name of the authority, agency, or court:

(2) Date of filing: , .
(3) Docket number, case number, or opinion number
(4) Result:

(5) Date of result;
(6) Issues taised:

Page4of 10 —
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 24 of 31 PageID
(b) Efyou answered “No,” explain why you did not file a third appeal: -

Motion under 28 U.S.C. § 2255

In this petition, are you challenging the validity of your conviction or sentence as imposed?
CiYes CiNo

if “Yes,” answer the following:

Have you already filed “he under 28 U.S.C, §.2255 that challenged this conviction or sentence? -
Yes o

If*Yes,” provide: Le to te a
(i) Name of court: — woe, re
(3) Date of filing: j ° °
(4) Result: a
(5) Date of result: 7 ms Riese

oe
. . fs .

Have youe ever filed a motion in a United States Court of Appeals uniler BUS. § 22A4(b)(3)(A),

seeking permission to file a second or successive Section 2255 motion or a Section 2254 to petition
to challenge this conviction or sentence?**

CiYes ° OO No

If“Yes,” provide:

(1) Name of court:

(2) Case number: ‘
(3) Date of filing:
(4) Result:

(5) Date of result:
(6) Issues raised:

Page 5 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 25 of 31 PageID
22242 C/I) Betton dp At BPO der BOS SAL 136 Filed 07/14/25 Page 25 of 31 PagelD

(©) Explain why the remedy under 28 U.S.C. § 2255 is inadequate or inéffective to challenge your
conviction orsentence: fi} /f}

11. Appeals of immigration proceedings .
Does this case concer immigration proceedings? p/ fl
CVYes _ tio .

If “Yes,” provide: .
(8) _- Date you were taken into imtnigration custody:
(b) Date of theremoval or reinstatement order:
(©) ° Didyon file an appeal with the Board of lmmigration Appeals?

Yes (No

If “Yes,” provide: -

(1) Date of filing:

(2) Case number:

(3) Result:

(4) Date of result:

(5) Issues raised:

(@ — Didyou appeal the decision to the United States Court of Appeals? /V[/T_
f Yes ' No
If“Yes,” provide:
(1) Name of court:
(2) Date of filing:
(3) Case number:

xv
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 26 of 31 PageID
(5) Date of result: _ -

Other appeals
Other then the appeals you listed above, have you filed any other petition, application, or motion about the issues
in this petition?
Yes ; CNo
Te “Yes,” provide: ;
@) Kind of petition, motion, or + application:
(b) Name of the authority, agenoy, or court

Grounds for Your Challenge in This Petition

State every ground (reason) that supports your claim that you are being held in violation of the Constitution,
laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the
facis supporting each ground,

cRounpone: (Inlawful detention

Page7 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 27 of 31 PageID
of Habeas Corpus Under 28 U.S.C, § 224077

(a) Supporting facts @Be brief. Do not cite cases or law,):

Ualawlu | detertion with tn cud entlory Conyictoyn
{ F A ,

ime. €O

wen

(b) Did you present Ground One in all appeals that were available to you?
aes CNo

GROUND TWO: lati. i Lays | ¥3

(@) Supporting facts (Be brief. Do not cite cases or layr):

ta red ad q

() id you apronent Ground Two in all : cppeals that were available to you?
es CGINo

(8) Supporting facts (Be brigé Do not cite cases or law):

A tLe i ‘Lh enki LS | i 14 fs wv ‘Om FOLEY OLS Hi nt MEY PAL
Sif Woy KOA tA AVG U ure Pith Anenoyne JON, | tihuds DAC.
co Lie by, e_ vialaked Qn Vive ole OF 211g bee to |

partes tp he DOT | .

(6), Did you present Ground Three in. all appeals that were available to you?
es CNo

Page 8 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 28 of 31 PageID
sabi Fotition for a Writ of Habeas Corpus Under 28 U.S, $ Corpus Under 28U.S.C,§2241

. : yt . : %. . ,
cotta, the Cond itions:.oC: CnBinement
AYON OT {i TO Ne iNCavc’ voy ea ay
PZing admin trl? fod He

alonogk —Ltrstns, my “4 bee,

(b) Did you present Ground Four in all appeals that were availsble to you? 7
Yes ENO”

14. there aie any gromis that you nid not presenti in all 1 appeats that were available to you, explain why you did
"not fl | ae

Request for Relief

15. State exactly what you want the comtt to do: te Lh Sane ( 2.408 nly J veevuse chs Und
rhe Court trders imnwudtate yelease Of Whe Detitinnge Aud

Page 9 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 29 of 31 PageID
3 ton for a Watt Bpbety eatiat Under rescreg 136 Filed 07/14/25 Page 29 of 31 PagelD

Declaration Under Penalty Of Perjury
Ifyou are incarcerated, on what date did you place this petition in the prison mail system:
i 5714/2025

T declare under penalty of perjury that I am the potitioner, I have read this petition or had it read to me, and the

information in this petition is true and correct. T understand that a false statement of a material fact may serve as the basis
for prosecution for perjury, ,

lenature of Attorney or other authorized person, if any

Page 10 of 10
Case 6:21-cr-00141-RBD-NWH Document 136 Filed 07/14/25 Page 30 of 31 PageID
heap ent gw — ONE ne Limam

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