Information - United States v. Maurice Fayne related docket

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 129 · 2021-01-04 · Docket on CourtListener

Summary

A motion by defendant Maurice Johnson Fayne for reconsideration of judgment and reinstatement of his previous bond in United States v. Maurice Fayne, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia, filed January 4, 2021 as Document 129. The motion argues that the no-contact list and bond conditions given to him were inaccurate and that revoking his pretrial release violated the Fifth, Sixth and Fourteenth Amendments, and it cites health grounds. Attached are text message images, a $10,000.00 appearance bond, criminal minutes dated May 13, 2020, and orders of Magistrate Judge Justin S. Anand dated November 9, 2020 and December 22, 2020. The December 22, 2020 order finds that Fayne violated the no-contact condition and orders his bond revoked. Other attachments describe him as an Internationally Protected Person.

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

Full text

ED IN CLERK’S OFFICE
IN THE UNITED STATES DISTICT COURT FOR THE NORTHERN D~STRIC~’.D.C
- p~tlanta
OF GEORGIA ATLANTA DIVISION
UNITED STATES
PL
Ii~
“~
h
jerk
/
DepUt~/ ci~
V
CRIMINAL CASE
1:20 CR-00228-MHC-JKL
MAURICE JOhNSON FAYNE
a/k/a Arkansas Mo
DEFENDANT
MOTION FOR RECONSIDERATION OF JUI)GEMENT TO REINSTATE
PREVIOUS BOND.
Comes, the Defendant, Maurice Johnson Fayne, a/k/a Arkansas Mo, Internationally
Protected Person
special appearance, and moves this Honorable Court for reconsideration ofjudgement
and motion for Bond reinstatement as the terms of release and the list of “DO NOT
contact” was not up to date, nor accurate, resulting in the
revocation of the Defendant’s pretrial release and violation of rights of due process of
law, to fair and impartial sentencing, to cruel and unusual punishment, and to equal
protection of the law, as guaranteed by the Fifth, Sixth, and Fourteenth Amendments to
the United States Constitution.
•
That this Court has Subject matterjurisdiction over all parties.
•
That the Prosecutor that gave Defendant Fayne a list of “DO NOT CONTACT”
failed to provide the Defendant with accurate names on list.
•
That the Probation officer Mr. Dennis Tutor sent the Defendant a text that was
also inaccurate and failed to list ALL contacts for which to not contact.
1
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 1 of 18

•
That the AUSA office failed to provide accurate/updated Bond conditions for
Defendant, Fayne to follow.
•
That the AUSA office did not provide factually accurate information to both
the Judge Anand, who reversed the Bond, and the Defendant so as to revocate his pretrial
release, violating his civil rights.
•
That the witness Jimia Cain was not on the Bond conditions paperwork nor the
Text message that Probation officer Tutor sent the Defendant, as a person NOT
to contact.
•
That the Defendant will prove through the Federal Rules of Evidence,
Article 9, Rule 901 through 903 that evidence will be authenticated by the author
and submitted into evidence as exhibits.
o
That the Defendant suffers from a chronic respiratory illness (asthma) and is
classified as high risk for contracting Covid- 19 infection exacerbated by condition of
being incarcerated, as well as detention facility personel not providing Defendant, Fayne
with needed treatment for current health status after multiple requests.
Additionally, the Defendant is in constant pain relating to a shoulder injury that involves
nerve damage for which surgery is needed immediately and scheduled.
WHEREFORE the Defendant prays that this Court will find in his favor after
reviewing the evidence presented, accept the evidence of the text message
by Probation officer Dennis Tutor as well as the written Bond conditions
not being accurate.
That the AUSA attorneys failed to provide
the Judge with accurate information resulting in the Defendants civil rights to be
violated and revocation of bond, as to oder that was signed by Judge Justin S.
2
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 2 of 18

Anand.
That the alleged witness, Jimia Cain is not mentioned on ANY documents as a
person not to communicate with, yet the UAUSA used that information to violate
Defendant Fayne’s civil rights.
That the Defendant will use the Federal Rules of Evidence, Article 9, Rule 901 to
903 to authenticate documents to submit as exhibits in the
proceedings. That the Defendant suffers from a chronic respiratory illness
(asthma) and is high risk for contracting Covid-19 by being incarcerated.
Additionally, the Defendant suffers constant pain from a shoulder injury that is
currently being scheduled for surgery in the near future.
~wrc~
Maurice J. Fayne
115 B. Main St. Ste.
Alb-l002
Buford, GA 30518
(770)846-10347
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 3 of 18

~d Sprint
LTE
2:59 PM
<~
Washington >
LeWIS.
I dISU F1dVC LUpICS UI dli UI
your bank statements showing how
you gambled away the monies of
mine you didn’t share with Karlie.
I
am hoping for at least 25 years if
you life will be behind bars or longer.
I will leave that or my Attoney’s
So now are you saying you don’t
owe me any monies that you stole
and lied about using and signed
legal documents on ok the courts
see it very differently. Not harassing
at all just excited to help anyone
putting you away that is all
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 4 of 18

~d Sprint
LTE
2:59 PM
<~
Washington
~
L~WI5.
I dISU F1dV~ ~U~I~S UI dli UI
your bank statements showing how
you gambled away the monies of
mine you didn’t share with Karlie.
I
am hoping for at least 25 years if
you life will be behind bars or longer.
I will leave that or my Attoney’s
So now are you saying you don’t
owe me any monies that you stole
and lied about using and signed
legal documents on ok the courts
see it very differently. Not harassing
at all just excited to help anyone
putting you away that is all
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 5 of 18

928
LTEEZD’
~ Phone
Mr Dennis tutor
Ok
Fri Jul 3
9
9
Have no contact with any of the
below victims and or witnesses:
UCB Bank Victims
Sharon Thompson
Greg SneW
Jay Rajaee
Potential Witnesses
Michael Sargent
Daniel Jay
Jarnaa Shepard
Cornelius Hood
Cawanza Wilkins
Tyrice Vaughan
Carrie Capote
Y. u
an access the website for
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 6 of 18

AO 98A
I 2/03)Gase~ ~ C..:
~~I2O
Page 1 of 1
M.Y 132020
JA
S N. FlATTEN. CIert
APPEARANCE AND Cor~k~CE noi~r C eric
Case
No. I :20-mj-370
Non-sure
:
I, the undersigned defendant acknowledge that I and my...
We. the undersigned, jointly and se~eralk acknowledge that we and our...
personal represcntati~es,jointk and severally, are bound to pay to the United States of America the sum of
$10,000.00 and there has been deposited in the Registry of the Court the sum of
S
in cash or
(describe other security.)
The conditions of this bond are that the defendant,
Maurice Fa~ ne. aJkla Arkansas Mo
is to (I) appear before this court and at such other places as the defendant may be required to appear. in accordance v~ ith any
and all orders and directions relating to the defendant’s appearance in this case, including appearance for ~iolati n of a
condition ofdefendant’s release as may be ordered or notified by this court or any other United States District Court to which
the defendant may be held to answer or the cause transferred: (2) comply with all conditions ofrelease imposed by thee un,
and (3) abide by any judgment entered in such mailer by surrendering to ser~ e any sentence imposed and obeying any order
or direction in connection with such judgment.
It isagreed and understood that this is a continuing bond (including any proceeding on appeal or re~ iew) which shall
continue until such time as the undersigned are exonerated,
If the defendant appears as ordered or notified and otherwise obeys and performs the foregoing conditions 01 this
bond, then this bond is tobe void, but if the defendant fails to obey or perform any of these conditions, payment of the
amount of this bond shall be due forthwith. Forfeiture of this bond for any breach of its conditions may be declared by any
United States District Court having cognizance of the abo~e entitled matter at the time of such breach and if the bond is
forfeited and if the forfeiture is not set aside or remitted, judgment, may be entered upon motion in such l.~nited State
District Court against each debtor jointly and se~erally for the amount abo~e stated, together with interest and c sts. and
execution may be issued and pa~mcnt secured as pros ided by the Federal Rules of Criminal Procedure and any other la~~s
of the United States
I
~
at
75 Ted Turner Drive S.W Atlanta, GA 30303
Signed and acknowledged before me
__________________________________
Daic
I
‘~
iudCletlc
UNITED STATES DISTRICT COURT
NORTHERN
UNITED STATES OF AMERICA
V.
MAURICE FAYNE, a)kla Arkansas Mo
Defendant
District of
GEORGIA
FILED INOPEN COURT
U.S.fl.C. - 4fant~
This bond is signed on_
Defendant /7Z~.
_
~Daie
Surety
Address
Surety
\ddre
Place
Address 9&?-q
~
5’ ‘&
7~i ~ ~ a~
Appro’. ed
-
Justin Anand________
udge Officer
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 7 of 18

Case 1:20-cr-00228-MHC-JKL
Document 7
Filed 05/13/20
Page 1 of 2
MAGISTRATE’S CRIMINAL MINUTES - COMPlAINT
FILED IN OPEN COURT
DATE:
5/13/20
~
2:21 pm.
TAPE:
FTR
TIME IN COLRT:
45 Mins.
MAGISTRATE JUDGE:
JUSTIN S. ANAND
COURTROOM DEPUTY:
B. Evans
CASE NUMBER:
1:20-mj..370 - JSA
DEFE\DANT’S NAME:
Maurice Favnc
Russell Phillips, Bernita
ALSA:
MaIiov, Mike Brown
DEFE~\DA\T’S ATTY:
Tanya Miller
USPO
PTR.
J. Crawford
X Retained
— CiA
FDP
~
Arrest Date
x
initial appearance hearing held.
Interpreter s~~’om
COUNSEL
ORDER appointing Federal Defender as counsel for defendant
INITIAL APPEARANCE O\LY
ORDER appointing
as counsel for defendant
ORDER: defendant to pa~’ attorney’s fees as follows
ORDER giving defendant
_______________ to employ counsel.
— Verbal
Order to follo~~
PRELIMINARY HEARING
Preliminary hearing set/reset/cont to
_____________________
________________________
x
Defendant WAI\ ES preliminary hearing.
x
Oral 1A AIVER FILED
Preliminary heanng HELD.
Probable cause found; defendant held to District Court
Miscellaneous:
BOND/PREIRIAI. DETENTION HEARING
Government motion for detention filed Pretrial hearing set for
Temporary Commitment issued. Remanded to USM.
Bond/Pretrial detention hearing held.
Government motion for detention
— Granted
— Denied
— Waived
— V% ithdra~vn
Pretrial detention ordered.
~A ritten order to follo~~
MACiS1RA I tS CRIM1\AL \il\L I I5~ co\lrL’.i\ I
I’.,~ I o 2
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 8 of 18

Case 120-cr-00228-MHC-JKL
Document 7
Filed 05113/20
Page 2 of 2
x
BONDsetat S
10,000.00
____ SURETY
‘JO\SURETY
cash
property
corporate surety O\L\
x
SPECIAL CO\DITIO\S
Locational monitorin
curfew as directed by P’TS.
x
Bond filed. Defendant released.
Bond not executed. Defendant to remain in Marshal’s custody
Motion (L verbal
to reduce/revoke bond filed.
Motion to reduce/reyoke bond
GRANTED
DE\IED
WITNESSES
EXHI BITS
Onginal Exhibits
RETAINED by the Court
RETURNED to counsel
\Is(.ISI R~,I E S(KE’,li~AL M1’,l I ES. (.OMI’L.AI\ I
I’ag.~2o12
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 9 of 18

‘.‘-‘--~ 1:20-cr-00228-MHC-JKL
Document 126
Filed 12122120
Page 1 of 2
lot 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
:
CRIMINAL CASE NO.
I :20-CR-00228-MHC-JKL
MAURICE FAYNE
ORDER
The Court on this date held a hearing on the petition for revocation of the
Defendant’s pretrial release. After hearing evidence proffered and legal argument
from both sides, and for the reasons explained in more detail on the record in open
court, the Court finds that the Defendant has violated the condition of pretrial
release preventing contact with potential witnesses.
The Defendant on November
9, 2020 sent text and email messages to a potential witness, and to the witness’s
lawyer, accusing them of asserting false claims against him, and demanding that
they withdraw any claims, stop ~harassing” the Defendant, and threatening to take
unclear legal or other action against them if they did not comply.
As explained on the record in Court, the Court finds by clear and convincing
evidence that this was a violation of the Defendant’s conditions of bond and that
the Defendant is not likely to abide by conditions or combination of conditions of
release.
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 10 of 18

Case 1:20-cr-00228-MHC-JKL
Document 126
Filed 12/22/20
Page 2 of 2
Thus, pursuant to 18 U.S~C. s. 3148(b)(l)&(2), the Court ORDERS the
Defendant’s bond REVOKED and that he be DETAINED through trial and, if
applicable, sentencing.
IT IS SO ORDERED this 22nd day of December, 2020.
A
.1
STIN S. ANAN
UNITED STATES
GISTRA
JUDGE
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 11 of 18

“-~-° 1:20-cr-00228-MHC-JKL
Document 95
Filed 11109/20
Page 1 of 1
lot 1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
CRIMINAL CASE NO.
1 :20-CR-00228-MHC-JKL
MAURICE FAYNE
ORDER
At the request of the Defendant, and with the consent of the Government and
approval of the pretrial services office, the Defendant’s conditions of release arc
amended to remove the conditions of curfew and locational monitoring.
While the
Defendant remains restricted to the Northern District of Georgia, the pretrial
services office is authorized to grant appro~ al for tra~ el requests.
All other conditions of release remain in place.
IT IS SO ORDERED this 9th day of November, 2020.
STIN S. ANAND
UNITED STATES MAGISTRATE JUDGE
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 12 of 18

Case 120-cr-00228-MHC-JKL
Document 85
Filed 09/25/20
Page 2 of 3
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Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 13 of 18

KEY
Maurice JohnSOn
Fayfle
XXX
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23 MAR 1983
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27 AUG 2020
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27 AUG 2030
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Chair of St~ Peter
XX8303235M3008270~15
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 14 of 18

The Chair of Saint Peter Foundation
Keeper of the Extraordinary Seal of Saint Peter
Notice of Surrender Documents
for
MAURICE4OHNSON~FAYNE
created on this
Twenty-Seventh day ofAugust, anno Domini Two Thousand and Twenty
ThbIe ofContents
No6ce of Surrender
ProofofService ofOfficial Surrender ~ 2
Official Surrender
3
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 15 of 18

~red
Postage $
4~U
Extra Services & F~
0 Registered M~1 $___
LlReturnfleceIpt
$0.00
(hardcopy) $_~
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(electronic)
PS Form
Re~Tste~ed
April 2015, PSN 753O~O2-oQo~9o51
For domestlø delivety in1orm~tton, visIt r
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Date Stamp
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JSigriture
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—
—
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 16 of 18

STERED U.S.P.O.
Maurice Johnson of the flirnily Fane
~iuS
do 4029 Mountain Side Trail
Dacula, Georgia [30019]
coinmande~~Cf of the Army and Navy
do President Donald John TrumP
i600 Pennsylvania Ave. NW
WashingtolR, District of Columbia 20500
Thursday, 27th of August, 2020
Official Surrender
Commander-in-Chief,
I am Maurice Johnson of the family Favee, heir. I come to you, Donald John Tnimp, the COmmander_ifl_C~~ef
of the Army and Na~y, in the name of and under the authority of Jesus Christ, my signet and seal. I do hereby
‘surrenderfor colleeHon’ the enclosed PERSON in accordance with Christ’s New Covenant, the laws of
war, laws of Belligerent Occupation, the Geneva Convention and Additional Protocols, trust law and the
equitible principles of reversion and merger of estates.
I have included;
• evidence of the legal publication of an unregistered claim (CertWed on August 24th, 2020)
• evidence of tile acceptance (Trust Indenture.)
• evidence of perfection of title (Notice ofClaim)
all of which establish that there are no bona fldes and that I alone hold the superior claim. The enclosed copy
of my Notice of Claim is fulfillment of the Conditions precedent as set forth in 50 USC ch 53 § 4309.
An occupying party which “takes” surrender is not required to go out to receive surrender; instead, the party
offering surrender has to come forward and submit to the control of the enemy forces. Additional Protocol II,
states that “it is prohibited to order that there shall be no survivors” suggesting that an Occupying party cannot
refuse to take a surrender.
I am waving the white flag with full intent to surrender, yet the question remains as to how to surrender when
the occupying force cannot see the PERSON’s hands in the air waving a white flag? How does one get’beyond
the occupant’s blind justice, non-stop charges and civil executions to surrender? I am NOT a retreating
combatant. I have come forward and by my own free will act and deed do hereby surrender, submit and convey
authority over the PERSON, and its derivatives, to your control via the United States Post Office — Registered
Mail Service (USPO-RMS). The USPO-RMS creates a Registered Private Contract and shall serve as proof of
deliveiy and my receipt. My tender to the USPO as lawful payment of the agreed postage constitutes deUvery
in accordance with the well established Mailbox rule.
My PERSON is now in tjour hands.
This surrendered PERSON is no longer participating in hostilities, by choice or circumstance, anais a hors cte
combat and an Internationally Protected Person in accordance with the Geneva Convcn1i~n IV
and the Additional Protocols under the following specific categories:
This PERSON, having been created when I was a mere fourteen (14) days old4 has sincebeen unaér~he
authority of the Occupying Power of an adverse party. At no time has either this PERSOI~ norTheeu a
national, subsequently being stateless and deprived of and/or not havfng cl~p1omatic~ po)it~eaI ormili~pty
protection. Article 4(2),[1j of the Convention intends to protect civiljans (in ene
te~rritor~ o~i~ ~
territoiy or the combat zone) who do not have the nationality ofthe be~lige~t in~*~liose1iaitdsi
themselves, or who are stateless persons.
Official Surrender: MAURICE~JOHNSON~FAYNE
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 17 of 18

An Internationally Protected Person is:
(i) Anyone who is in the power of an adverse party. It is uncontested that a person who is in the
power of an adverse party is hors de combat. This rule is set forth in Additional Protocol I
and is implicit in common Article 3 ofthe Geneva Conventions and in Additional Protocol U;
(iii) Anyone who clearly indicates an intention to surrender. This category is based on the Hague
Regulations, common Article 3 of the Geneva Conventions and Additional Protocol L
The prohibition on attacking persons recognized as hors de combat is set forth in numerous military manuals.
Such attacks are defined as a war crime in the legislation of a number of States and is applied in national and
International law. The rule is based on common Article 3 of the Geneva Conventions, which prohibits “violence
to life and person, in particular murder of all kinds” against persons placed hors de combat, This prohibition
includes any/all civil charges and/or ‘executions’ ordered and/or carried out against my PERSON by the
Courts.
You shall immediately flag my PERSON’s account in your data system to reflect their status as an
Internationally Protected Person in order to ensure that your officers, officials, agents and/or employees do
not commit the prohibited acts against me or my PERSON. Further, you shall provide me and PERSON
protection, akin to the diplomatic protection afforded a foreign official or official guest, Additionally, to limit
your liability and prevent irreparable harm, documentation should be provided that will facilitate my free and
unmolested travel/movement in, out and through the occupied territory.
My PERSON have been surrendered for collections in the nature of an action for reversion. There is no
discretion in a surrender for collections, but is executed by the operation of law charging a mandatory
obligation to merge the lesser estate into the greater to facilitate the distribution of asSets to the heir. The fufl
authority over these PERSON has been conveyed to you along with the surrender providing you the authority
necessary to carry out the required administrative duties to affect the merger,
The estate deed shall be immediately forwarded to the proper office/officer with instructions to administrate
the estate for settlement and disbursement of the assets to this heir forthwith. Further,, a periodic report will
keep me abreast of all scheduled actions and their completion to verify compliance ofthe directives herein.
It is done in the name of and under the authority of Jesus Christ this the Twenty-Seventh day of~ugust, wino
Domini Two Thousand and Twenty.
by:_____________
Mauijee ~oh~ts~n
~
ofthe faniilyPayx~,
a living man en ess~,and theEdr,
Jesus Christis mYsI~ne~and~~
My contact Information:
Maurice Johnson of the family Fayne
c/o 4029 Mountain Side Trail
Dacula, Georgia [30019]
eMail: naturalstatel@protonmafl corn
Cell #: (213)-820-6186
Notice to the principal is notice to the agentr
:
Official Surrender: MAURICE.JOHNSON,FAV.
Case 1:20-cr-00228-MHC-JKL     Document 129     Filed 01/04/21     Page 18 of 18

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