Motion - United States v. David Staveley

Record facts

Full text

Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 1 of 93 PageID #:
AO 243 (Rev. 01/15) Page 2
MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT

SENTENCE BY A PERSON IN FEDERAL CUSTODY

United States District Court [District ef Rhede Tsland
Name (under which you were convicted): Docket or Case No.:
David Staveley 20-CR-O0DT¥- M3M
Place of Confinement: Prisoner No.:
Fic Devins - Comy) OY230-0NG
UNITED STATES OF AMERICA , Movant (include name under which convic

MOTION | af % g Lb. 13

sn, “Pay, ~O
1. (a) Name and location of court which entered the judgment of conviction you are cnet 2, 2, <2,
“<p Ka

thart Hcl (totes | Distecel [owek - Dist devel et Ph eels Boyes

(b) Criminal docket or case number (if you know): JIO-¢@-Go0TY -mMsm
2. (a) Date of the judgment of conviction (if you know): Oe / @ ( pre & , JOD /
(b) Date of sentencing: 0 (a fe be e , 20 Al
3. Length of sentence: SS &

4, Nature of crime (all counts):

(ovat / Con pi vet ce) To Crunet b Bowk foce ed ¥g prontly

[vw t 7 Fee h vé fo A ays CLY fi (ov. ft a Kegus re of G root j

5. (a) What was your plea? (Check one)
(1) Not guilty [| (2) Guilty (3) Nolo contendere (no contest) [|

(b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or
what did you plead guilty to and what did you plead not guilty to?
Lonsp: aL Te Com ye 7? Irak bra hl f
. t 1.
far [wre 7 Anypoa a“ /- “L live a a j gu rée

6. If you went to trial, what kind of trial did you have? (Check one) Jury L | Judge only [|
7. Did you testify at a pretrial hearing, trial, or post-trial hearing? Yes [| No

8. Did you appeal from the judgment of conviction? Yes x] No []
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 2 of 93 PageID #:
AO 243 (Rev, 01/15) Page 3

9. If you did appeal, answer the following: .
(a) Name of court: Uys fel Ste fes (é uv cf fe) f Alpes [1 for th fc a / Gree iF
(b) Docket or case number (if you know): Dl- f(b Vd.
(c) Result: Desau creed Oe) bred i. relic? ~ Pe commels f “Cofot evel / caeng bist lf,
(d) Date of result (if you know): Ap ry Avs ws Yy , 3022

(e) Citation to the case (if you know):

(f) Grounds raised:
iA a a SSC S Fe ne € e/ CoviseAr /

(g) Did you file a petition for certiorari in the United States Supreme Court? Yes [| No
If “Yes,” answer the following:
(1) Docket or case number (if you know):
(2) Result:

(3) Date of result (if you know):

(4) Citation to the case (if you know):
(5) Grounds raised:

10. Other than the direct appeals listed above, have you previously filed any other motions, petitions, or applications,
concerning this ame of conviction in any court?

Yes x] No

11. If your answer to Question 10 was “Yes,” give the following information:
(a) (1) Name of court: US. Des tive l [yo fp ~ di J fee / of Lhe ua Trlinck
(2) Docket or case number (if you know): LO-CR ~ CbE7TY - i Awe)
(3) Date of filing (if you know): [0710-202]

(4) Nature of the proceeding: Me /7@in SL de vw t. by: a“ OS, trv OW ord Se wee iy fe hid
(5) Grounds raised: Paljowa dipiecrel ef Lyi A LVL Dotvm ty fa, be td oSCto'7
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 3 of 93 PageID #:
AO 243 (Rev. 01/15) Page 4

(6) Did you receive a hearing where evidence was given on your motion, petition, or application?
Yes [| No xX

(7) Result: Dis mottd w/o fr 2 yell ¢ Prackiag Moy €a /

(8) Date of result (if you know): Al,,, ¥ 7, ve ie hay Je ,eOaL

(b) If you filed any second motion, petition, or application, give the same information:

(1) Name of court: Uf Ds ate. et Ceol - Di J 7, ie i“ of Kbe he Tah wf

(2) Docket of case number (if you know): 26- Cl - 60747 MSM

(3) Date of filing (if you know): fO-fa- I6D{

(4) Nature of the proceeding:

(5) Grounds raised:

, fled
Atty He

Lvorephs wes Su Hew ing from mente] doves Het preveated

hint Frou fren COrii ing as ether five Cevetes, /

Ke lie cevt ul vi genes yn the Prive ufeee Ss an pete

arabes el cifras e ene Ceel te ovtlander& pha tener we
Nene Cole ( Avia Hilker org UL At Con be a UW were awte¢
cenel hecl Cured ee“ tkat De Pee out fe Cuct rer curdin cH
ancl gal Awcl atéels Fe Poe cltactd Abe the after Sb fe eu

ple bu Vhs wet fev kh aes eloped at ke Cs cf

(6) Did you receive a hearing where evidence was given on your motion, petition, or application?
Yes [| nolX]

(7) Result:

(8) Date of result (if you know):

(c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition,

or application?

(1) First petition: Yes x] No [|

(2) Second petition: Yes [ | No [ |

(d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not:

12. For this motion, state every ground on which you 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 facts
supporting each ground.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 4 of 93 PageID #:
AO 243 (Rev. 01/15) Page 5

GROUND ONE: Fail vve Fe C {i CH 7 wf dis Cove ‘7 ya ter 7a /¢

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.); .
| / Cvs]

2 Polen dew Sigaeel Plea oul [Hey 6.268 yn ele y the (ClOm cada an o ev ase

Oa (Me y I7, 2OA ‘ fay Dancer Lae wea fer? fette Ife fp yee Ce g ceguesT

to peucew Ye guide nro ba yu v CVie.s / J! diy s after pire wes fe gave
- (\ ere WA rt oho € we fF ra Wy apt é ‘pclae ce Coe r chao. av Lug feaced ee

hee ue / 6[ if ava! he hav Ae nee itratry De Pouwclent dol vol Set

a eRE#& ;

ree Hr ee [ree A» Lipn ons ae plew
‘ft a} “ OW Jos Git il LA
cokebs f B Clattoe trae Sesen Keep ‘) nau)

Ey he b- f B-2 (4G ry eLp im dea (La Feus J) Pye ae yal bvi clic e

(b) Direct Appeal of Ground One:

(1) If you appealed from the judgment of conviction, did you raise this issue?

Yes XI No [|

(2) If you did not raise this issue in your direct appeal, explain why:

(c) Post-Conviction Proceedings:

(1) Did you raise this issue in any post-conviction motion, petition, or application?

Yes ~ No mt

(2) If you answer to Question (c)(1) is “Yes,” state:
Type of motion or petition: fre Jo® - (Me ty ow Tele it ty in y Mh; Fre ¢ ty “u¢ Jeatucebecks
Name and location of the court where the motion or petition was filed: ’
US. Lis fei cf Cov FT - Bry dre c7 of Pheae Lihue
Docket or case number (if you know): Jo- CR -(0074 — mys hy
Date of the court’s decision: ¢4y,1 +x Nov ie So y 26, D#2f

Result (attach a copy of the court’s opinion or order, if available):

Demerped we 9 freely dt a feu hin 7 Ay ece/

(3) Did you receive a Nob? on your motion, petition, or application?

Yes [| No|
(4) Did you appeal from the denial of your motion, petition, or application?

Yes iv No[_]

(5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal?

Yes No [|

“ss
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 5 of 93 PageID #:
AO 243 (Rev. 01/15) Page 6
(6) If your answer to Question (c)(4) is “Yes,” state:
Name and location of the court where the appeal was filed: ye
Uaited [Paley [uit a/ Aypecl/ foe oss ¢ Cant:
Docket or case number (if you know): ai- (§& Y A
Date of the court’s decision: frgpex A oped t Y, he ep
Result (attach a copy of the court’s opinion or order, if available):

Disacrced ufe fredlje dies . Lecemarttads b Ao Drvbevet fact
tye “Ly lobevral Hering

(7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this

issue:

GROUND TWO: Faslyce a peek ah pdntinea acd ef Seuteuciny

Oe ead Laglesctay im Cosk (Ceort Jer Mess) during GAI9
in tO 6 : t. ; 7
Ze Me diver ve jeat uracher Covad rey fer chron. AVSA Lee Vi (kee feted
re f' ff t . 7 ue /te rtd yea dln Phveug h Yha LSE , thee
kA ZL weld fey on the [Ce / Your Cte ey I : an . y
7 lot i; f- ucyed ban tev le trou “ (Le pee Le ute 0 6-0 f En ole catsng that
jf a en . dh bores Scboo lly Attarlled by a
ple du few clot wos a (eae, Cogan ey TO yt ad ded we
bol Grav dh Sank fleet ver beee, AM ar Lesbos! (vit ovdived pogekileyed
— yk ay garde te Thee Wal He ¢ oelee ve dee
ob je ify bs f vile 4 copula ol pure tea’ yle Ue je dust aoe Te Hh tava
€ avelel& Het ewe tb Report EG aipant. Gdduticnk ly ,
cy ene d did wok royce te Costf oF

petfesl ¢ 0 “ecuv Ct te df vec pe.

(b) Direct Appeal of Ground Two:

(1) If you appealed from the judgment of conviction, did you raise this issue?

Yes x) No [|

(2) If you did not raise this issue in your direct appeal, explain why:

(c) Post-Conviction Proceedings:

(1) Did you raise this issue in any post-conviction motion, petition, or application?

Yes IX] No [|
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 6 of 93 PageID #:
AO 243 (Rev. 01/15) Page 7
(2) If you answer to Question (c)(1) is “Yes,” state: fer Sef -
Type of motion or petition: putren Le lait bn ag Ob eFrve hie aod Jeu Fos cone SC iA ref
Name and location of the court where the motion or petition was filed:
US. Divtes ¢ 7 lo r 7t -Oirtee ¢ a of ke he ne Trlenof
Docket or case number (if you know): at- € R ~C0OFTY- MEM

Date of the court’s decision: yn, x November 20, JOR/
Result (attach a copy of the court’s opinion or order, if available):

Digne reed w/o fred; vee? fea ing App!

(3) Did you receive a hearing on your motion, petition, or application?

Yes [| No

(4) Did you appeal from the denial of your motion, petition, or application?

Yes [x] No [ |

(5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal?
Yes xX] No [|
(6) If your answer to Question (c)(4) is “Yes,” state:
Name and location of the court where the appeal was filed: _ 4
United Sfotes [iv it of Ay peal t b _ Ferst A veut
Docket or case number (if you know): a g/-fV¥Y y,

Date of the court’s decision: Z pie A vey ct y, gegd.
Result (attach a copy of the court’s

s opinion or ordi available): La Dreofe cf ort

Dirmetsed wf O Preclup clots sm £5 6 OLMAK
fie is rh ckera| Hees lity of

(7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this

issue:

GROUND THREE: (‘yy/4 Ordeved by Crerl off fly eel ¢ Cheghee Lovet )

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your ¢lai ) A)

Ee ” Jeutimeen tle De Een het Ll ul (a) pecfiers [re fe é ue 6
_ on Ta ten Lioptt retoped te Pic. Ad ditsonally, DP en lent ;
weute ch to Merve to ha on hs hel of de fen cle uu les/ he wed

file nee fav y Paper we wee Lvur tne
pec Hi Ye praviche Pare revurear Au the [ewes oust dil aat
paca.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 7 of 93 PageID #:
AO 243 (Rev. 01/15) —— \ ; a) (bue f page 8
4 ke ection “TSEC / (elo niztch 4 y Kn y Ads Mol fereare
U6 Covet of Apore!! | din Ceuct Orolay (See Ader hed
gue OK

co the chert de on O Lyeu ee mre eprtteat ote fl
Ce heled D) reguteiny he fhe Pe
xls We °

piu to e . |
Gla nate Lod popeewik They qn deat with (empher «added
nz ¢
(b) Direct Appeal of Ground Three:

(1) If you appealed from the judgment of conviction, did you raise this issue?
Yes [| No

(2) If you did not raise this issue in your direct appeal, explain why: f Ce , yt
Tha 0, e& vy Wis elrex ly Ca fee vol Oued orfce va by 7k Ay pect ‘

it we thc fy pe oy ne thee tives thet forrect YL. could a Heed oe r% U

7 Lose x ICKY

(c) Pest-Conviction Proceedings:
(1) Did you raise this issue in any post-conviction motion, petition, or application?
Yes [] No
(2) If you answer to Question (c)(1) is “Yes,” state:

Type of motion or petition:

Name and location of the court where the motion or petition was filed:

Docket or case number (if you know):

Date of the court’s decision:

Result (attach a copy of the court’s opinion or order, if available): J. nade FO
(vv ct ercdtuv wey SF ved ates nec ewt hyd MeTt ans r

(3) Did you receive a hearing on your motion, petition, or application?
Yes [ | No Xx

(4) Did you appeal from the denial of your motion, petition, or application?
Yes L] No

(5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal?
Yes No

(6) If your answer to Question (c)(4) is “Yes,” state:

Name and location of the court where the appeal was filed:

Docket or case number (if you know):

Date of the court’s decision:

Result (attach a copy of the court’s opinion or order, if available):
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 8 of 93 PageID #:
AO 243 (Rev. 01/15) Page 9

(7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this
issue: a vu it thet OS Alue yay Ay peo! wes fhe (il ete af Cou rf
0 v ne er Of Ta rein a “p Lf. TH ie & tLe ne CCS AE “7 cote v7 a
th. Crus t Ppceie yt Teper Kuig (fr fne the« Five ks 7] / y / y
, j ; f j Le CC r (ee;
peucn Yh. Ay pot (ve. £ Coreven and reecn pul Clletec as

GROUND FOUR: (ovate Altoltyeck Documents / ire Fw ir ol

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.):
NH Tus ten Laight represeted tls De lendut w/the a Ciitret/ fee tye eau?
‘ / f Lif corcemurt Lev fecy dtd Da feuculs fl cee AK pecler
(n plac only a Ylubel R7ECSENS r bk, Tey
ZL eel fopest of 309 | etter fevteet meat of PDA an eT ah
ine aft a. reaches fd th De tondut with only ages Ll Cee Uy mA oh |
( y J 4 LI®) hall & LIGA aor Kreg bt wel ck ue Mdlbacs. Ze 4 ey
ie - we back lel . Add itionelly t Knig lf Yh vor phy fox! re ve “7 or “ L ‘
fo SOpH x pant rn ot gl yens eld Amin, ee chlo

0 tel % * a -_

; eve tule prey al vcf
S woedk Envertes, 60 4 wernt tre mr We tte
Mo 6 He i f. ion ‘w wk ps few pee yr led- abeuany re ar eyes
Mo dt Gf ferta knight Tateey a RE eres) bay Booed Febdsil +Hlee walter )

(b) Direct Appeal of Ground Four!

(1) If you appealed from the judgment of conviction, did you raise this issue?
Yes [| No IX]
(2) If you did not raise this issue in your direct appeal, explain why: Dreeiphince Prov
Ths Pvpyes wey ¢ veuye cl ~ reg k fhe fi: Se pv ce’ loa F Diserp eet eae
" at Ce ze soudsnge & techked ) Felis +€ ~ Atty Kn 7 Lt abe ita te ferge <7 & dele un bee ay
‘ re ¢ ery we ( OO ; , r
(Comp Tia Avg trot , advtuts Fe act bi tleng ' acacht te meive fevicle ng A Cony et forged Cex uf
(c) Post-Conviction Proceedings:

(1) Did you raise this issye in any post-conviction motion, petition, or application?

Yes [| Na

(2) If you answer to Question (c)(1) is “Yes,” state:

Type of motion or petition:

Name and location of the court where the motion or petition was filed:

Docket or case number (if you know):

Date of the court’s decision:

Result (attach a copy of the court’s opinion or order, if available):
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 9 of 93 PageID #:
AO 243 (Rev. 01/15) Page 10
(3) Did you receive a hearing on your motion, petition, or application?

Yes [ ] No [|

(4) Did you appeal from the denial of your motion, petition, or application?

Yes [ | No [|

(5) If your answer to Question (c)(4) is “Yes,” did you raise the issue in the appeal?

Yes [| No [|
(6) If your answer to Question (c)(4) is “Yes,” state:

Name and location of the court where the appeal was filed:

Docket or case number (if you know):

Date of the court’s decision:

Result (attach a copy of the court’s opinion or order, if available):

(7) If your answer to Question (c)(4) or Question (c)(5) is “No,” explain why you did not appeal or raise this
issue: Le Yc pee y of Dettnuts Cx lufeat Con $e cort fruedk Bf wore C Erbe ci

ce Artech ty Yhe bewkien aad ba a cenplarrt te tha Ma f nee
ws ») ‘bas Biard- (See ll fest ener i¢ of Jie be Kreg Af ExkS: + >) f .
Ces oy we indy Yo for gt hp clare , Meet pres Al Bilfeag or Ie e* Nag
an “ued vee reyidlng one vateoct be COEVEW | tet Leo bled HA Mee eS

13. Is there any ground in this motion that you have not previously presented in some federal court? If so, which
ground or grounds have not been presented, and state your reasons for not presenting them; .
el Faby De 7 Aracedin Kes bleag on
Corn se fold y Foe Vitek? G4C © ftmeTs Ave

ugha Gr hevp 24 bucut gr gy hf rene Cucltay CEM feet La
PD Sopra Cyu rt Acterp ey Ve vl, ( é y ) “, i, Tk
| ry ate. poet tt fae fhe Arve ar atl putect ¢ 4 ua ole
(rom fis 2275S 7

. cHeateeu bow dance ait cob cong late sae bhe Fr sess ( gad AM, Crs LArsled

14. Do you have any motion, petition, or appeal now pendin (filed and not decided yet) in any court for the
you are challenging? Yes No | y

If “Yes,” state the name and location of the court, the docket or case number, the type of proceeding, and the

issues raised.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 10 of 93 PageID #:
AO 243 (Rev. 01/15) Page 11
15. Give the name and address, if known, of each attorney who represented you in the following stages of the

you are challenging: ; , WT
(a) At the preliminary hearing: Mark JisepAt ,¢e Devan SF. Bes Fon je CY y

( 262 -FOY-Y73FE
(b) At the arraignment and plea: George Gey One Forks feed F1l6C@ , Susie BK
frovidine? , RF. C1903 -P2IS BEI-PE72

(c) At the trial:

(d) At sentencing: Fapen Craig lt , One Tarky Heed PNice p Tet C7VVO
frovifenc., BE 0276 3 Yt/- Y6S~- 6675~

(e) On appeal: Keve Hocpe't Hanes A / f/a7F Dorvene? JFres7, eet Vad
Provide, BL, G2HO3 Ybs- WY - FPAEG

(f) In any post-conviction proceeding:

pre fae

(g) On appeal from any ruling against you in a post-conviction proceeding:

16. Were you sentenced on more than one court of an indictment, or on more than one indictment, in the same court
Bae No

and at the same time? Yes

17. Do you have any future sentence to serve after you complete the sentence for the judgment that you are
challenging? Yes [| No x

(a) If so, give name and location of court that imposed the other sentence you will serve in the future:

(b) Give the date the other sentence was imposed:

(c) Give the length of the other sentence:

(d) Have you filed, or do you plan to file, any motion, petition, or application that challenges the judgment or
sentence to be served in the future? Yes [| No []

18. TIMELINESS OF MOTION: If your judgment of conviction became final over one year ago, you must explain
why the one-year statute of limitations as contained in 28 U.S.C. § 2255 does not bar your motion.*

Finel Je dpe meat an ol Ure ville ter be CaM + Liael 4
CTC i ' _
i ke fiacsly [M1 AIRE vadey PEUVIC $2975.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 11 of 93 PageID #:
AO 243 (Rev. 01/15) Page 12

* The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) as contained in 28 U.S.C. § 2255,
paragraph 6, provides in part that:
A one-year period of limitation shall apply to a motion under this section. The limitation period shall run
from the latest of —
(1) the date on which the judgment of conviction became final;
(2) the date on which the impediment to making a motion created by governmental action in violation of
the Constitution or laws of the United States is removed, if the movant was prevented from making such a
motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has
been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral
review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered
through the exercise of due diligence.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 12 of 93 PageID #:
AO 243 (Rev. 01/15) 724

Page 13
Therefore, movant asks that the Court grant the following relief: l 7 . /
Find the t be tense Covase (wer (re tl fivl are A a COK LEE oe
adior prev the ¢raanerclé ele releas€ OF pede th feeeTerer Fite Levit -
a’ /e P Cee areécle of Cortech.

or any other relief to which movant may be entitled.

Signature of Attorney (if any)

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct and that this Motion
under 28 U.S.C. § 2255 was placed in the prison mailing system on 8 JLZ/>I6Q <a

(month, date, year)

Executed (signed) on 4 uv 9 uJ if 2a al ; 2022. (date)

Did Sf

“Signature of Movant

Devid Stavsley Pro C¢

If the person signing is not movant, state relationship to movant and explain why movant is not signing this motion
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 13 of 93 PageID #:
| 725 f Uh bit Al

No. 21-1842

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT

UNITED STATES OF AMERICA,
Appellee,

Vv.

DAVID STAVELEY,
a/k/a Kurt David Sanborn, a/k/a David Sanborn,
a/k/a Kurt Sanborn, a/k/a David Adler Staveley,
Defendant-Appellant.

ON APPEAL FROM A JUDGMENT OF
THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

BRIEF OF THE DEFENDANT-APPELLANT
DAVID STAVELEY

Kara Hoopis Manosh

127 Dorrance Street, 2°¢ Floor
Providence, Rhode Island 02903
KaraManosh@ManoshLaw.com
Identification No. 121073
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 14 of 93 PageID #:
TABLE OF CONTENTS
TABLE OF CONTENTS. .......ccccccccccccecccceseeeeveudeseeeeeeeeseeeeeeeeeeteeenaeeeaa i
TABLE OF AUTHORITIES........ 0... ccccccceeeeces ceases seseueeeeseeeeeeeaeeaeeseesess ili
REASONS WHY ORAL ARGUMENT SHOULD BE HEARD..................4.. Vv
STATEMENT OF JURIDICTION. 2.0... ccc cece ccc cccc eee ece eee eeeeee eee seen eee eeennaes I
ISSUES PRESENTED FOR REVIEW..........cccc ccc ccc cece cece eset en beeen nes 1
STATEMENT OF THE CASE... ec ennennennenn ee 2
SUMMARY OF THE ARGUMENT...........ccccccccceeceneeeeeeeeeeeeeeeneeeeecnaauees 6
STANDARD OF REVIEW................ bode aeeeebereneeee eee eeeceeeeeeneseseneseeeen eta 6
ARGUMENT. ..........ccccccccccccccceeeeeetennneeneneeeneeeseeeeeeneeeeeeasennneneeseeeeees 7
I. THE CONVICTIONS SHOULD BE VACATED, AND
THE PLEA AGREEMENT SHOULD BE SET ASIDE,
BECAUSE MR. STAVELEY DID NOT HAVE THE
EFFECTIVE ASSISTANCE OF COUNSEL AT THE
TIME OF HIS PLEA AND SENTENCING. ..... 0... cc ceceeeceeeeeeeeeeeeees 7
A. The Court Should. Undertake Direct Review of the Ineffective
Assistance of Counsel Claims........ ccc ccc cccc cece ceeeeeeeeeereeeaeeeeneseeeeenas 9

B. The Waiver of Appeal Clause in Mr. Staveley’s Plea Agreement
Should Not Be Enforced........... 0c cece cence eee ee eee ene en erates 10
1. It would be a miscarriage of justice to enforce a waiver of appeal
clause for ineffective assistance of counsel that occurred at
sentencing, prior to entering into the plea AQreeMENt..........:ccereeeeens 12

2. The plea agreement, including the waiver of appeal clause,
was not entered into knowingly or voluntarily due to the

ineffective assistance Of COUNSEL ........ccccccec cece cece cette ene eee e tees 13

3. The waiver of appeal was not knowingly or voluntarily assented to
because of the insufficient Rule 11 plea colloquy.......... vee eeeesereeeenaes 15
CONCLUSION... oo. cccce cece EEE EEE EEE EE Een eH tea 17
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 15 of 93 PageID #:
CERTIFICATE OF COMPLIANCE WITH RULE 32a) OF THE

FEDERAL RULES OF APPELLATE PROCEDURE,.........ccccce eee e eee e ees 18
CERTIFICATION. ....ccccc cece eect enn eeenne enna rrr rree 18

ADDENDUM TABLE OF CONTENTS .........: ccc cce ccc eter tenner e ener een nee 19

il
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 16 of 93 PageID #:
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 17 of 93 PageID #:
CASES

TABLE OF AUTHORITIES

Bousley v. United States, 523 U.S. 614 (1998)

Boykin v. Alabama, 395 U.S. 238 (1969)

Brady v. United States, 397 U.S. 742 (1970)

Garza v. Idaho, 139 S. Ct. 738 (2018)

Hill v. Lockhart, 474 U.S. 52 (1985)

Ouber v. Gv atino, 293 F.3d 19 (1* Cir. 2002)

Smith v. 0’ trady, 312 U.S. 329 (1941)

Sotirion v._

nited States, 617 F.3d 27 (1® Cir. 2010)

Strickland

Washington, 466 U.S. 668 (1984)

United Sti

vy. Borrero-Acevedo, 533 F.3d 11 (1* Cir. 2008)

United St

. v. Cabrera-Rivera, 893 F.3d 14 (1* Cir. 2018)

United St:

-y. Crowley, 529 F.2d 1066 (3% Cir. 1976)

United St:

sv. Del Valle-Cruz, 785 F.3d 48 (1° Cir. 2015)

United S*a

y, Dominguez Benitez, 542 U.S. 74 (2004)

United Sia

vv. Gil-Quezada, 445 F.3d 33 (1* Cir. 2006)

United S: if

; v, Mala, 7 F.3d 1058 (1 Cir. 1993)

United Stat

sv. Marte-de la Cruz, 876 F.3d 370 (1% Cir. 2017)

United Sixt

sv. Mateo, 950F.2d 44 (1* Cir. 1991)

United. S' 4

-y. Miller, 911 F.3d 638 (1 Cir. 2018)

United Sit

. v. Natanel, 938 F.2d 302 (1* Cir. 1991)

sv, O’Farrill-Lopez, 991 F.3d 45 (1 Cir, 2021)

United Sit
United St 4

. y. Sanchez-Barreto, 93 F.3d 17 (1% Cir. 1996)

United Stat

; v. Teeter, 257 F.3d 14 (1 Cir. 2001)
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 18 of 93 PageID #:
CONSTITUTIONAL, STATUTORY AND REGULATORY PROVISIONS

United States Constitution
U.S. CONST. AMEND. V
U.S. Const. AMEND. VI

United States Code

18 U.S.C. §645(a)

18 U.S.C. §1028A

18 U.S.C, §1344

18 U.S.C. §1349

18 U.S.C. §3146(a)(1)
18 U.S.C. §3231

28 U.S.C. §1291 ©

Federal Rules of Appellate Procedure
Fed. R. App. P. 32

Federal Rules of Criminal Procedure

Fed. R. Crim. P. 11(b)GDN) -

iv
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 19 of 93 PageID #:
REASONS WHY ORAL ARGUMENT SHOULD BE HEARD

This case raises this important challenge to the Court’s general preference that

[ claims of ineffective assistance of counsel should not be heard on direct appeal,
and (2) that waivers of appeal, in the plea agreement, should preclude direct review
at all: When should the Court consider claims of ineffective assistance of counsel
that occurred after the execution of the plea agreement? Oral argument will help
develop the Court’s parameters for when such review will be permitted on direct

appeal.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 20 of 93 PageID #:
JURISDICTIONAL STATEMENT

On October 7, 2021, the United States District Court for the District of Rhode
Islartd sentenced the Defendant on one count of Conspiracy to Commit Bank Fraud,
in violation of 18 U.S.C. §§1344 and 1349, one count of Failure to Appear in Court
as Required, in violation of 18 U.S.C. §3146(a)(1). The District Court entered its
judgement on October 8, 2021, and the defendant filed a timely notice of appeal on
October 15, 2021. The District Court had jurisdiction under 18 U.S.C. §3231, as the
Defendant was charged with crimes that constitute “offenses against the laws of the
United States.” This Court has jurisdiction under 28 U.S.C. 1291 because this is an

appeal from a final decision of a district court in a criminal case.

ISSUE PRESENTED FOR REVIEW

Does a waiver of appeal clause preclude direct review of ineffective assistance
of counsel that occurs at the time of the plea agreement and entry of the guilty plea,

and for errors occurring at the sentencing hearing?
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 21 of 93 PageID #:
STATEMENT OF THE CASE

During the Covid-19 Pandemic, Congress passed a $953-billion business loan
program known as the Paycheck Protection Program (“PPP”) to provide economic
relief to small businesses. On September 21, 2020, David Staveley appeared before
the United States District Court for the District of Rhode Island, accused of
submitting and conspiring to submit four (4) false PPP applications, for businesses
that he did not have an ownership interest in or that were no longer in operation. Mr.
Staveley was charged, by way of Indictment, with one count of Conspiracy to
Commit Bank Fraud, in violation of 18 U.S.C. §§1344 and 1349, three counts of .
Bank Fraud, in violation of 18 U.S.C. §1344, one count of Making False Statements
to the Influence the SBA in violation of 18 U.S.C. §645(a), one count of Conspiracy
to Commit Bank Fraud, in violation of 18 U.S.C. §1349, one count of Aggravated
Identity Theft, in violation of 18 U.S.C. §1028A. Add. 1-2.! The Government also
charged Mr. Staveley with one count of Failure to Appear in Court as Required, in
violation of 18 U.S.C. §3146(a)(1), for fleeing the State after he was granted pretrial

release while the case was pending indictment. Id.

1 The following abbreviations are used throughout this brief: “Add.” refers to the
Addendum to Mr. Staveley’s brief, and “App.” refers to the Joint Appendix.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 22 of 93 PageID #:
David Staveley carried heavy baggage with him as he entered federal custody
for these allegations. In 2012, while incarcerated at FCI Allenwood for a thirty (30)
month sentence for wire fraud, he was sexually assaulted by a correctional officer.
This event, along with a subsequent incarceration for twenty-seven (27) months for
mortgage fraud (based upon conduct that predated the wire fraud), led to a diagnosis
of Post-Traumatic Stress Disorder (PTSD). Understandably, his PTSD is

exacerbated by being in the same setting as the initial assault, in prison.

On May 6, 2021, Mr. Staveley entered into a plea agreement and agreed to
plead guilty to Count 1, Conspiracy to Commit Bank Fraud and Count 7, Failure to
Appear in Court as Required. App. 1. The parties further agreed that the intended
monetary loss was $543, 959.00, but did not agree as the applicable Offense Level
or Criminal History Category, instead reserving their rights “to argue and present
evidence on all matters affecting the guidelines calculation.” App. 3, 5. Mr.
Staveley further waived his, “right to appeal the convictions and sentences imposed
by the Court, if the sentences imposed by the Court are within or below the

sentencing guideline range determined by the Court.” App. 6.

Due to the Covid-19 pandemic, everything about the court process was
atypical. Mr. Staveley appeared via video, utilizing the video conferencing platform
Zoom. Because attorney visits were restricted at the Donald W. Wyatt Detention

Facility, Mr. Staveley’s attorney was not able to review the discovery materials with
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 23 of 93 PageID #:
Mr. Staveley in person. Instead, counsel arranged for Mr. Staveley to review the
(\ materials left for him on a jump drive, which were not provided to Mr. Staveley until

after the change of plea hearing. Add. 18.

On May 17, 2021, Mr. Staveley appeared before the Honorable Mary S.

McElroy, District Judge, and formally changed his plea to gui/ty as to Conspiracy to

Commit Bank Fraud and Failure to Appear in Court as Required. App. 8. A

sentencing hearing was conducted on October 7, 2021. App. 36. After hearing

argument by each of the parties, Judge McElroy determined that the offense level

. was twenty (20) and the criminal history category was IV, making the appropriate

| 2) | guideline fifty-one (51) to sixty-three (63) months of incarceration. App. 46-47. In
its argument in support of an increased term of incarceration, the government made

the following statements about Mr. Staveley’s abuse at the hands of a BOP

; i correctional officer:
wid
Nos yo I don’t really think it’s appropriate for me in this venue to
ec talk about the allegations that the Defendant made in the
WS . eA \ past. All I would say on that point, your Honor, is reading’ 2: eb tiers, tern
Qt * through the presentence report, there’s a lot of mixed peer Late
\ \s \ information on that and it’s very unclear. I’m not saying fs ih ee pew
aN \o" it didn’t happen, I just don’t know; and I don’t think the Spee
Ss Court can just accept_this Defendant’ word that that
\(s happened. It may have; if it did, you know, I’m deeply

sorry and I can’t imagine how horrible it is, but there’s not
factual basis one way or the other.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 24 of 93 PageID #:
App. 56. In response, defense counsel did not ask for a continuance in order to
obtain the numerous BOP investigation reports and psychological reports to

document this assault, instead arguing that,

He’s got bad PTSD... [and] I gave the Court medical
records showing that the providers, the medical providers
believe it is the case, it is the diagnosis. And a correctional
setting, because of the nature of the event, is what causes
the PTSD; it’s what triggers him. And they are back, those
symptoms, so bad that he ran to avoid jail... .

App. 60-61.

After the presentation of the relevant factors, Mr. Staveley was sentenced to
forty-four (44) months of incarceration as to Conspiracy to Commit Bank Fraud, and
a consecutive twelve (12) months of incarceration as to Failure to Appear in Court
as Required, with three (3) years of supervised release upon his release from
incarceration, with specific conditions, and $200 in special assessments. App. 98-

99; Add. 3-8.

On October 14, 2021, Mr. Staveley wrote 4 letter to the United States District
Court for the District of Rhode Island, requesting court-appointed counsel to assist
him with the filing of an appeal from the conviction, which entered on October 12,
2021. The Notice of Appeal was entered on October 15, 2021 and docketed in this

Court on December 15, 2021.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 25 of 93 PageID #:
SUMMARY OF THE ARGUMENT

eee

Mr. Staveley seeks to utilize the Natanel exception, which permits claims of
ineffective assistance of counsel on direct review of his criminal convictions, and
argues that the record is sufficiently developed to establish that his trial counsel was

ineffective by failing to provide his client with the discovery materials before

entering into the plea agreement, and by failing to seek a continuance at the
sentencing hearing when the AUSA questioned the veracity of Mr. Staveley’s claim
of prior post-traumatic stress disorder due to a prison rape. Further, the waiver of
appeal clause contained in the plea agreement is not valid because (1) Mr. Staveley
had no time to review that clause with his attorney prior to entering into the plea, (2)
the plea itself was not a knowingly plea; and (3) it is a miscarriage of justice to
enforce the clause for claims of ineffective assistance of counsel occurring at

sentencing.

STANDARD OF REVIEW

The challenge to a waiver of appeal is subject to plain error review, wherein

the appellant must demonstrate that there is (1) error, (2) that is plain, and (3) that

affects substantial rights. Sotirion v. United States, 617 F.3d 27, 33-34 (1* Cir.
2010). Ifall three conditions are met, the Court may then exercise its discretion to

notice a forfeited error, but only if (4) the error serious affects the fairness, integrity
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 26 of 93 PageID #:
or public reputation of the judicial proceedings. Id., citing United States v. Borrero-

Acevedo, 533 F.3d 11, 15 (1 Cir. 2008).

ARGUMENT

I. The Convictions Should be Vacated, and the Plea Agreement Should be
Set Aside, Because Mr. Staveley Did Not Have the Effective Assistance
of Counsel at the Time of his Plea and Sentencing.

The convictions should be vacated, and the plea agreement should be set aside,
because Mr. Staveley did not have the effective assistance of counsel at the time he

entered into the plea or at sentencing.

The Sixth Amendment guarantees the right to the effective assistance of

counsel at all critical stages of a criminal proceeding. Strickland v. Washington, 466

U.S. 668, 686 (1984); United States v. Mateo, 950 F.2d 44, 47 (1* Cir. 1991). A

plea withdrawal hearing is such a critical stage. United States v. Sanchez-Barreto,

93 F.3d 17, 20 (1 Cir. 1996)(citing, United States v. Crowley, 529 F.2d 1066, 1069
(3 Cir. 1976). When asserting that the right to counsel was violated, a defendant
must establish (1) that his attorney’s performance was deficient under an objective

standard of reasonableness, and (2) that his defense suffered prejudice as a result.

Strickland, 466 U.S. at 687-99, 692. The first prong of the analysis calls for a review

of counsel’s performance, “not in hindsight, but based on what the lawyer knew or

should have known, at the time his tactical choices were made and implemented.”
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 27 of 93 PageID #:
CERTIFICATE OF COMPLIANCE WITH RULE 32(a) OF THE FEDERAL
RULES OF APPELLATE PROCEDURE

I, Kara Hoopis Manosh, hereby certify that the foregoing brief of the
appellant, David Staveley:

1. Complies with the type-volume limitation of Fed. R. App. P.
32(a)(7)(B) because, excluding the parts of the document exempted
by the Fed. R. App. P. 32(f), this document contains 3,890 words.

2. Complies with the typeface requirements of Fed. R. App. P. 32(a)(5)
and the type-style requirements of Fed. R. App. 32(a)(6) because the
brief has been prepared in a proportionally spaced typeface using
Microsoft Office Word 2010 in 14-point Times New Roman.

|s/ Kana Hoopis WManooh

Kara Hoopis Manosh

CERTIFICATION

I hereby certify that on the 1“ day April, 2022, I electronically filed the
foregoing document with the United States Court of Appeals for the First Circuit by
using the CM/ECF system. I certify that the following parties or their counsel of
record registered as ECF Filers and that they will be served by the CM/ECF system:

Lauren S. Zurier

Assistant U.S. Attorney, Chief of Appeals
US. Attorney’s Office

50 Kennedy Plaza, 8" Floor

Providence, RI 02903
Lauren.Zurier@usdoj.gov

|s/ Kana Hoopis Wanoeh

Kara Hoopis Manosh
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 28 of 93 PageID #:
ADDENDUM
TABLE OF CONTENTS
Indictment 00.0... ccc cece eect ere neEe EE renee Eas Add. 1
Final Judgment ............... cece cece eee cetera tees beer eter ener ee eee Add. 3
DWWD Document.............ccc cece cence eee ee eee cen eee ne renee eee Add. 10
Letter from Defense Counsel to Defendant..................008. heeeereee Add. 18
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 29 of 93 PageID #:
Case 1:20-cr-00074-MSM-LDA Document 27-1 Filed 09/02/20 Page 1 of 2 PagelD #: 124

PER 18 U.S.C. 3170

DEFENDANT INFORMATION RELATIVE TO A CRIMINAL ACTION - IN U.S, DISTRICT COURT

BY: [[] INFORMATION [X] INDICTMENT [_] COMPLAIN}

Cc Other than Juvenile
CJ Defendant Added
Cl Charges/Counts Added

Matter Sealed: CI Juvenile

Oo Pre-Indictment Plea Cc] Superseding

Indictment
Information

Name of District Court, and/or Judge/Magistrate Location (City)
RHODE ISLAND

Divisional Office

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

AARON WEISMAN

Rlu.s. Atty LJother u.s. Agency
Phone No. (401) 709-5044

LEE H. VILKER

Name and Office of Person
Furnishing Information on
THIS FORM

Name of Asst.
U.S. Attorney
(if assigned)

PROCEEDING

Name of Complainant Agency, or Person (& Title, if any)
Federal Bureau of Investigation

person is awaiting trial in another Federal or State Court
(give name of court)

CASE NO. 1:20CR74MSM-LDA
USA vs.
Defendant: DAVID ADLER STAVELEY
a/k/a "Kurt David Sanborn,” a/k/a “David
Address: | Sanborn”

eee

[| Interpreter Required Dialect:

a Be Mele
~ [-] Female

Social Security Number Po :

_ Birth
Date

[_] Alien

(if applicable)

DEFENDANT

CI this person/proceeding transferred from another district
per (circle one) FRCrP 20, 21. or 40. Show District

r] this is a reprosecution of charges
previously dismissed which were
dismissed on motion of:

CJ U.S. Atly Oo Defense

SHOW
[_] this prosecution relates to a DOCKET NO.
pending case involving this same
defendant. (Notice of Related
Case must still be filed with the
Clerk) MAG, JUDGE
V1 prior proceedings or appearance(s) c. ASE NO.
before U.S. Magistrate Judge ‘
regarding this defendant were
recorded under 20-MJ-00034-LDA

Place of] RHODE ISLAND

offense | County

Issue: [_] Warrant [_] Summons

Location Status:

Arrest Date or Date Transferred to Federal Custody

VY] Currently in Federal Custody

T] Currently in State Custody
C1 writ Required

Cl Currently on bond

Cc] Fugitive

Defense Counsel (if any); _J2ffrey Techentin & Mark Josephs

[jrpp [] cA [¥] RETD

C] Appointed on Target Letter

This report amends AO 287 previously submitted

| OFFENSE CHARGED - U.S.C. CITATION - STATUTORY MAXIMUM PENALTIES - ADDITIONAL INFORMATION OR COMMENTS

Total # of Counts 7

Set Title & Section/Offense Level
(Petty = 1 / Misdemeanor = 3 / Felony = 4)

Description of Offense Charged

Felony/Misd.

See Attached Sheet.

See Attached Sheet.

Felony

Misdemeanor

Estimated Trial Days: 7 days

Misdemeanor

dd
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 30 of 93 PageID #:
Case 1:20-cr-00074-MSM-LDA Document 27-1 Filed 09/02/20 Page 2 of 2 PagelID #: 125

Count 1:

Count 2-4:

Count 5:

Count 6:

United States v. DAVID ADLER STAVELEY,
a/k/a “Kurt David Sanborn,” a/k/a “David Sanborn”

INDICTMENT COVER SHEET ATTACHMENT
(18 U.S.C. § 1349 — Conspiracy to Commit Bank Fraud)
MAX PENALTY
30 years imprisonment;
$1,000,000 fine;

5 years supervised release; and
$100 special assessment.

Oo of

(18 U.S.C. § 1344 ~ Bank Fraud)
MAX PENALTY FOR EACH COUNT

a, 30 years imprisonment;

b. $1,000,000 fine;

c. 5 years supervised release; and
d. $100 special assessment.

(18 U.S.C, § 371; Conspiracy to Make False Statement to Influence the
SBA)

MAX PENALTY

2 years imprisonment;

$5,000 fine;

1 year supervised release; and
$100 special assessment.

Bo of

(18 U.S.C. § 1028A; Count Four — Aggravated Identity Theft)
MAX PENALTY |

Mandatory 2 years consecutive imprisonment;
. $250,000 fine;

1 year supervised release; and

. $100 special assessment.

moos

Add. 2
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_Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 1 of 7 PagelD #: 359

AO 245B (Rev. 09/19) Judgment in a Criminal Case

Sheet
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

v.

David Staveley Case Number: 1:20CR00074-01MSM

a.k.a. Kurt Sanborn, a.k.a David Sanborn _ USM Number: 04230-049

De rr SS

Jason P. Knight, Esq.

Defendant's Attorney

THE DEFENDANT:
iM pleaded guilty to count(s) 1 and 7 of the Indictment

[] pleaded nolo contendere to count(s)
which was accepted by the court.

CF was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
18 U.S.C § 1349 Conspiracy to Commit Bank Fraud 1
18 U.S.C. § 3146(a)(1) Failure to Appear in Court as Required ; ; 7
The defendant is sentenced as provided in pages 2 through =. 7 of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.

CJ The defendant has been found not guilty on count(s)

Wf Count(s) 2-6 LI is vi are dismissed on the motion of the United States.

__ Itis ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

Date of imposition of Jidgment

Signature of Judge
Mary S. McElroy
US District Judge
Name and Title of Judge
Date

Add. 3
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Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 2 of 7 PagelD #: 360

AO,245B (Rev, 09/19) Judgment in Criminal
Case Sheet 2 — Imprisonment

Judgment — Page 2 of 7

DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM

IMPRISONMENT

The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:

56 months;
44 months as to Count 1 and 12 months as to Count 7 to be served consecutive to each toher.

vif The court makes the following recommendations to the Bureau of Prisons:

The defendant be placed at Fort Devens or a facility as close to Massachusetts at possible for familial reasons.

wv The defendant is remanded to the custody of the United States Marshal.

(1 The defendant shall surrender to the United States Marshal for this district:
[at Tam OC) pm on
(1 as notified by the United States Marshal.

(1 The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

LJ before 2 p.m. on

C] as notified by the United States Marshal.

[1] as notified by the Probation or Pretrial Services Office.

RETURN
I have executed this judgment as follows:
Defendant delivered on to
a , with a certified. copy of this judgment.
UNITED STATES MARSHAL
By

DEPUTY UNITED STATES MARSHAL

Add. 4
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 33 of 93 PageID #:
. Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 3 of 7 PagelD #: 361

AO 245B (Rev, 09/19) Judgment i in_a Criminal Case
heet 3 — Supervised Release

Judgment—Page 3 of f

DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM
SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of :

3 years;
3 years as to Counts 7 and 7 to run concurrent with each other.

MANDATORY CONDITIONS

1. You must not cominit another federal, state or local crime.
2. You must not unlawfully possess a controlled substance.

3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.

(] The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)

4, {] You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)

5. MI You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

6. QO You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

7, C] You must participate in an approved programm for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.

Add. 5
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 34 of 93 PageID #:
Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 4 of 7 PagelD #: 362

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment—Page 4 of 7

DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
court or the probation officer.

4. You must answer truthfully the questions asked by your probation officer.

5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.

8. You must not communicate or interact with someone you know is engaged in criminal activity. Ifyou know someone has been .
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.

. If youare arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.¢., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.

12. Ifthe probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A USS. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts, gov.

Defendant's Signature Date

Add. 6
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 35 of 93 PageID #:
_ Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 5 of 7 PagelD #: 363

AO 245B(Rev. 09/19) Judgment in a Criminal Case
Sheet 3D — Supervised Release

Judgment—Page 5 of t

DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM

SPECIAL CONDITIONS OF SUPERVISION

1. The defendant shall refrain from any alcohol use.

2, The defendant shali participate in a program of substance abuse testing to include alcohol testing (up to 72 drug tests
per year), as directed and approved by the Probation Office.

3. The defendant shall participate in a program of mental health as directed and approved by the Probation Office.

4, The defendant shall participate in a manualized behavioral program as directed by the USPO. Such program may
include group sessions led by a counselor or participation in a program administered by the USPO

5. The defendant shall contribute to the cost of all ordered treatment and testing based on ability to pay as determined by
the probation officer.

6. The defendant is to provide access to all financial information requested by the supervising probation officer including,
but not limited to, copies of all federal and state income tax returns. All tax returns shall be filed in a timely manner.

7. The defendant will not open new lines of credit, which includes the leasing of any vehicle or other property or use
existing credit resources without the prior approval of the supervising probation officer until court ordered financial
obligations have been satisfied.

8, The defendant will maintain one personal checking account. All the defendant's income, monetary gains, or other
pecuniary proceeds will be deposited into this account, which will also be used for payment of all personal expenses.
Records of all other bank accounts, including business accounts, will be disclosed to the supervising probation officer upon
request.

9. The defendant will not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of
$1,000.00 without the approval of the supervising probation officer until all financial obligations imposed by this court have
been satisfied.

10. The defendant will not hold employment having fiduciary responsibilities during the supervision term without first
notifying the employer of the conviction. The defendant will not hold self-employment having fiduciary responsibilities
without approval of the supervising probation officer.

11. The defendant will cooperate with the U.S. Probation Office in the investigation and approval of any position of
self-employment, including any independent, entrepreneurial, or freelance employment or business activity. If approved for
self-employment, the defendant will provide the U.S. Probation Office with full disclosure of self-employment .

and other business records, including, but not limited to, all of the records identified in the Probation Form 48F (Request
for Self-Employment Records), or as otherwise requested by the U.S. Probation Office

Add. 7
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 36 of 93 PageID #:
_ Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 6 of 7 PagelD #: 364

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Shect 5 ——- Criminal Monctary Penalties

Judgment — Page 6 of v4

DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 200.00 $ 0.00 5 0.00 $ 0.00 $ 0.00
{] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be entered

after such determination.
(] The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18°U.S.C. § 3664(]), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage

TOTALS. $ 0.00 $ 0.00

Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

Cl The court determined that the defendant does not have the ability to pay interest and it is ordered that:
(1 the interest requirement is waived forthe © fine (1 restitution.

( the interest requirement for the fine 1 restitution is modified as follows:

* Amy, Vicky, and Andy Child Porno aphy Victim Assistance Act of 2018, Pub. L. No. 115-299,
** Justice for Victims of Trafficking Act of 2015, Pub. L. No, 114-22.

*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
ot after September 13, 1994, but before April 23, 1996. A d d 8
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 37 of 93 PageID #:
Case 1:20-cr-00074-MSM-LDA Document 51 Filed 10/12/21 Page 7 of 7 PagelD #: 365

” AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments

Judgment — Page 7 of 7

DEFENDANT: David Staveley
CASE NUMBER: 1:20CR00074-01MSM

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A Lump sum payment of $ 200.00 due immediately, balance due

f] not later than ; or
[] inaccordancewith [] C, (J D, OO E,or (1 F below; or

B [] Payment to begin immediately (may be combined with [IC, C1D,or [OF below); or

C (1 Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g, 30 or 60 days) after the date of this judgment; or

D [) Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E [Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F [£]_ Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

[1 Joint and Several

‘Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate. :

(1 The defendant shall pay the cost of prosecution.
(1 The defendant shall pay the following court cost(s):

W| The defendant shall forfeit the defendant’s interest in the following property to the United States:
All property, real or personal, used or intended to be used to commit or facilitate the commission of the offenses of
conviction.

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of

prosecution and court costs.
Add. 9
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 38 of 93 PageID #:
mn 7 a One Turks Head Place, Suite 1440
The Law Office of : Providence, RI tat)

‘ a , O: (401) 865-6075 F: 401) 216-8234 AY
J ason Knight jason. knight@jasonknightlaw.corm

ati see eae PERE PRDINEE VERE AQT OP SOPRA OED ERS MDE TTA EE RE nants tenn amen nu yi sory

ae om
a May 27, 2021

David Staveley, 04230-049

Donald W. Wyatt Detention Facility
950 High Strest

Contral Falls, RI 02863

RE! DIGITAL EVIDENCE

Dear David,

T hops this letter finds you well. Please reach out to Luz Jimenez, the Evidence Coordinator and
request to review the evidence in your tase.

If you have any questions or concerns, please do not hesitate to contact this office.

Sincerely,

Jason Knight

Add. 18
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 39 of 93 PageID #:
Case 1:20-cr-00074-WES-LDA Document 79 — Fled espe «Dbage 9 of 93 PagelD #:

75k vi o8 } .

e BOMASt be airy , MIME. PP ROZULL Sek ZO
Request | ROT, Later rel | é- Ma: | Crue Wye! Ulyedt SS
Requast Type: EVIDENCE AND GRIEVANCE COORDINATC Request Subtyps: EVIDENCE AND GRIEVANCE COORDINATOR
Assigned Group: EVIDENCE AND GRIEVANCE Assigned User:

Reguest Number: 231233 Status CLOSED inmate Name: STAVELEY, DAVID
Initial Location: DWOF B27 A . Current Locatian DWDF B27 A
inméte Number: 04230049 inmate Secondary Number:
- , os ee ae 4 fb oe yt bila, 2 BP Be PS pes

ms, Pree Sicuvif & rd oT he ta . Poe Met By Boe get F AO PP Tea OW

ieue Action a ~ “8 Louder oe £ Sat” U8CF ee ae tebe Ce Ae fricel vltant besey bo pote,

FE ee gy at See

= fie doe —
NAL REQUEST:

DEAR MS. JIMENEZ, MY ATTORNEY SAID TO CONTACT YOU TO REVIEW EVIDENCE IN MY CASE, PLEASE
eo ~AOVIS SE AS TO HOW! CAN REVIEW? MY ATTORNEY SAYS HE SENT A MEMORY STICK FOR MY FUTURE USE
“°WTH ALL EVIDENCE ON IT? THANK YOU, DAVID STAVELEY 04230049, UNIT B CELL 27
O6/ fozo2 Joe 53 am LJIMENEZ
GLOSED:
Mr, Staveley

Ln
Sw

Yes | have been in contact with your attorney. At your request} can add you to the schedule io start reviewing your
avidence. Bood goes down on Tuesday. afernoons and Wednesday mornings. | can add you on either day just let me

Know which day works better for you. __l
{ imenez
Request Type: EVIDENCE AND GRIEVANCE COORDINAT(C Request Subtype: EVIDENCE AND GRIEVANCE COORDINATOR
Assigned Group: EVIDENCE AND GRIEVANCE Assigned User:
Request Murder: 257875 Status: CLOSED inmate Mame STAYELEY, DAVID
initial Location: DWDF B 27 A. Current Location: DWDF 6 27 A
Inmate Number: 64230049 inmate Secondary Number:
Sis
‘amp Action 28st
Deiail
06/04/2021 72:08 pm pin
ORIGINAL REQUEST:

DEAR MS. JIMENEZ, EITHER IS FINE. A QUESTION? THE MEMORY STICK THAT THE EVIDENCE [S ON? DO YOU
GIVE THAT TO ME AT MY RELEASE FROM THIS INGITTUTION? THANK YOU FOR YOUR HELP. DAVID STAVELEY,
04230045 UNIT B CELL 27

06/07/2027 O71:13 pm LJIMENEZ
oh Tost EO:
Mr, Staveley
l have added you to the schedule for Tuesday afternoon. As ior the evidence h gels returned io your aliommey upon your
telease. :
Limenez
Requssi Type EVIDENCE AND GRIEVANCE COORDINATC Request Subtype: EVIDENCE AND GRIEVANCE COGRDINATOR
Assioned Group EVIDENCE AND GRIEVANCE Assigned User:
Request Number. 2EB205 Bias: CLOSED inmate Name: STAVELEY, DAVID
Initial Location, DWOF B27A Current Location DWDF B27 A
inmate Number: 04250048 lamate Secondary Number:
Stamp
Action User
Detail

Add. 10 Page tf3
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 40 of 93 PageID #:
‘Requesitype, EVIDENCE AND GRIEVANCE COORDINATC Request Sublype, EVIDENCE AND GRIEVANCE COORDINATOR
Assignad Group: © EMIDENCE AND GRIEVANCE Sesigned User:
Ranuast Numbar’ 282208 Status: CLOSED Inmate Name: = STAVELEY, DAVID
initial Location: DWOF B27A Current Location DWDF B27 A
inmate Number: 04230648 incaete Secondary Murmber:

Stamp . User

—e Action . User
os Detail

O6/O7/2021 04:32 pri
ORIGINAL REQUEST: .
DEAR MS. JIMINEZ, THANK YOU, COULD YOU TELL ME WHEN YOU OR WYATT RECEIVED THE EVIDENCE FROM
ATTORNEY KNIGHT? ALSO, | SUFFER FROM INTENSE MIGRAINES DUE TO A VIOLATE A*“AULT COMMITTED
AGAINST ME BY A GUARD IN THE BOP. THESE MIGRAINES HAVE BEEN OFTEN IN RECENT DAYS AND CAUSE
ME TO HAVE A HARD TIME IN THE LIGHT AND READING IS VERY DIFFICULT AND PAINFUL. IF [HAVE A a
MIGRAINE [ WILL TRY BUT READING IS VERY DIFFICULT AND CAUSES THE MIGRAINE TO BECOME MORE “oo
INTENSE. [HOPE YOU UNDERSTAND. DAVID STAVELEY, 04230049, UNIT B CELL 27 A
06/07/2027 C530 om ; LJIMENEZ
GLOSER:
ir. Staveley

Your evidence arrived to ihe facility 4/22/21. Hope this helps.

nels
el ——!

Request Type: EVIDENCE AND GRIEVANCE COORDINATE Request Subtype = EVIDENCE AND GRIEVANCE COORDINATOR

Assigned Group: EVIDENCE AND GRIEVANCE Assigned User:
Request Mumber. 252318 Sielus: CLOSED trate Name: = STAVELEY, DAVID
Initia) Locatiom DYVDF B27 A Gurrent Location: DVVDF B27 A
Inmate Numbar, (4230049 . inmate Secondary Number;

Stamp, os

Action User
Detail
Nems2021 09:34 an
ORIGINAL REQUEST:

DEAR MS. JMINEZ, [AM SUFFERING FROMAMIGRAINE TODAY, | BELIEVE LOOKING AT A COMPUTER
TERMINAL WILL MAKE {T WORSE AND | WONT BE ABLE TO FOCUS. GOULD | RESCHEDULE TO REVIEW
EVIDENCE? ALSO, | WAS SUPPOSE TO REVIEW WEEKS AGO PRIOR TO A PLEA THAT HAD A DEADLINE? 80 |
NEVER SAW THE EVIDENCE PRIOR TO PLEA. THANK YOU FOR UNDERSTANDING. DAVID STAVELEY, 04230049

6/10/2021 T1445 am LJUIMENEZ
Wir. Staveley
] was notiled that you were not feeling well Be arlvised that still counts a3 @ refusal. 1 wit sii keep you on ihe schedule for
next week, Keep in mind per policy you are removed off ihe schedule after 3 refusals.

Lfimenez
OBI1S/2021 09:56 am LUMENEZ
CLOSED.
My. Staveley

You are on thé schedule fer this aflerndon.

Lfimenez

Add. 11
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 41 of 93 PageID #:
., Request Typet EVIDENCE AND GRIEVANCE COORDINATC Request Subtype: EVIDENCE AND GRIEVANCE COORDINATOR
EVIDENCE AND GRIEVANCE Assicned User:

Assignéd Group:
Inmate Name. STAVELEY, DAVID

Request Number: 2538965 Status: CLOSED
Initial Location. DWDF B27 A Currant Location. DWDF B27 A
Inmate Number: 04230049 Inmate Secondary Number:
2 Action User
Detail

06/45/2027 01:07 pm
_ ORIGINAL REQUEST:
DEAR MS. JIMINEZ, | WILL. COME TO EVIDENCE, BUT VIGULD LIKE TO SPEAK WITH YOU. THE EVIDENCE FOR

MY CASE WAS RECEIVED ON 4/22/21, YET 1 WAS NOT INFORMED AND WAS OFFERED.A PLEA WITH A HARD

DEADLINE. | ACCEPTED THE PLEA BUT NEVER SAW THE EVIDENCE IN THE CASE ALTHOUGH IT WAS AT WYATT

AND AVAILABLE TO SEE PRIOR? COULD YOU EXPLAIN WHY ! WAS PUT IN THIS SITUATION? VIEWING THE
‘ EVIDENCE NOW IS A MUTE POINT SINCE THE PLEA HAD A DEADLINE AND WAS NEVER GIVEN THE 4
™ OPPORTUNITY TO VIEW. THANK YOU, DAVID STAVELEY fi a

LUIMENEZ

08/16/2021, 08:07 pm
GLOSED:
Air. Staveley
’ Per our conversation! explained te you that your aitorney was suppose to notify you (the clieni) that he was sending in
some evidence. You would then reach out to myself and | would confirm just how | confirmed when you reached out to me

for the first time.

Ljimenez
Fotal Reguests:

Pages 3

Add. 12

ty

or

ie)
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 42 of 93 PageID #:
Request Report - CLOSED Printed: 10/8/2021 166™45PM
Request Number: 264201 Submitted: 8/9/21 4:52 pm
inmate Number: 04230049 Type: CHIEF OF SUPPORT
inmate Secondary Nurnber: Sub Type: CHIEF OF SUPPORT
Inmate Name: STAVELEY, DAVID
Initial Location: DWDF B 27 A Current Location: DWDF B27 A
Slama Action . User

Detail
8/9/2021 4:52:26BPM

ORIGINAL REQUEST:

DEAR MAJOR, 1 APOLOGIZE FOR BOTHERING YOU, BUT FOR 10 DAYS | HAVE BEEN REQUESTING A
PHONE SHEET TO REGISTER MY ATTORNEYS PHONE NUMBER SO | CAN EFFECTIVELY
COMMUNICATE WITH COUNSEL. STILL TO THIS DAY | HAVE NOT BEEN GIVEN A PHONE SHEET AND
HAVE NOT BEEN ABLE TO COMMUNICATE WITH MY ATTORNEY. PLEASE HELP. 1AM PROVIDING YOU
WITH HIS INFORMATION. WOULD YOU BE KIND ENOUGH TO PUT MY ATTORNEY ON MY CALL LIST
AND NOTIFY ME YOU HAVE DONE SO? PLEASE. ATTORNEY JASON KNIGHT, ONE TURKS HEAD
PLACE, 1440, PROVIDENCE, RI! 02903... 401 865 6075. JASON AT JASONKNIGHTLAW.COM. THANK YOU
MAJOR. NOT SURE WHY THINGS ARE SO DIFFICULT FOR ME? MUCH THANKS FOR YOUR HELP.
DAVID STAVELEY, 04230049, UNIT B CELL 27

8/10/2021 7:54:33AM ALEPORE

RESPONSE:
Good morning, | will send this request with the information you provided to the Programs where your Counselor

will be able to input the information. Should you have any issues going forward let me know.
Have a good day, Major Lepore

8/10/2021 7:54:40AM ” ALEPORE
GROUP ASSIGNED CHANGED
TO PROGRAM DIRECTOR

8/10/2021 4:05:48PM ren wv
INMATE RESPONSE: ee
THANK YOU FOR YOUR HELP ar Ayo REE

8/10/2021 4:27:49PM fe (| de ut tig KDAMASO
RESPONSE: ee EERE UE

Mr. Staveley - you had a legal call on 8/5, and tehre are phone sheets available on the officers station, but | will
assure that someone meets individually with you tomorrow. KDamaso

8/10/2024 4:27:53PM KBAMASG
GROUP ASSIGNED GHANGED
TO PROGRAM SERVICES .
8/14/2021 9:09:42AM | CCANIGLIA fot

GLOSED: s re
Please fill out a phone sheet and give it fo me when | am in on rounds & yw & 3 yt & ke
UM CCanigtia ae 4 Ayet °

we

Ge yg0'
Ao

Add. 13
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 43 of 93 PageID #:
Request Report - CLOSED Printed: 10/8/2021 107. 00PM
Request Number: 265284 Submitted: 8/15/21 1:47 pm fork 4
Inmate Number: 04230049 Type: CHIEF OF SUPPORT
Inmate Secondary Number: Sub Type: CHIEF OF SUPPORT
Inmate Name: STAVELEY, DAVID
Initial Location. DWDF B27 A Current Location: DWDF B27 A
Siamp Action Detail User
8/15/2021 1:47:08PM

ORIGINAL REQUEST:
DEAR MAJOR LEPORE, | REQUESTED THROUGH YOU ON AUGUST 8, 2021 TO HAVE MY ATORNEY

PHONE NUMBER PLACED ON MY PHONE LIST. | HAD BEEN TRYING FOR 10 DAYS TO GET A PHONE
REQUEST SHEET AND WAS UNSUCCESSFUL? YOU TOLD ME BY INTERNAL EMAIL IT WOULD BE
TAKEN GARE OF AND THE NUMBER WOULD BE PUT ON MY ACTIVE LIST. IT AS OF AUGUST 145, 2021 IS
STILL NOT ACTIVE AND | HAVE NOT BEEN ABLE TO EFFECTIVELY COMMUNICATE WITH MY LEGAL
COUNSEL. 1AM PROVIDING YOU WITH THE INFORMATION AGAIN TO HELP FACILITATE MY ABILITY TO
SPEAK WITH LEGAL COUNSEL. ATTORNEY JASON KNIGHT, ONE TURKS HEAD PLACE, SUITE 1440,
PROVIDENCE, RI 02903. PHONE NUMBER TO REGISTER 401 865 6075, PLEASE FACILITATE THIS AS
SOON AS POSSIBLE, | HAVE BEEN WITHOUT THE ABILITY TO CONFER WITH COUNSEL FOR
SOMETIME. THANK YOU MAJOR LEPORE FOR YOUR HELP IN SOLVING THIS SEEMINGLY SIMPLE
MATTER. | AM NEED TO SPEAK WITH COUNSEL. THANK YOU, DAVID STAVELEY, 04230049, UNIT B

7 CELL 27

8/16/2021 12:59:63PM DMARTIN
GROUP ASSIGNED CHANGED
TO PROGRAM DIRECTOR
8/16/2021 3:4417PM KDAMASO
CLOSED: -

Mr. Staveley - you have had ample opportunity to speak wiht both unit managers and counselors to request a
phone sheet, as well as the stack of phone sheets that are left on the officers station for detainee use Ms.
Caniglia-is putting numbers in GTL right now that she recieved from Bravo Pod, Also, you have not requested for
us fo reach oyt to your attorney to facilfaié a legal call through the office. PLease submit a request for a legal call
if you dese Caniglia will be down right now to have you fill out the proper paperwork and will have this
number added to your list. KDamaso™).¥ Maver Avg pe reef flew Pupere corres poxde xe)

Add. 14
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 44 of 93 PageID #:
Request Report - CLOSED Printed: 10/8/2021 1:10:30PM

Request Number. 266503 Submitted: 8/16/21 4:07 pm
Inmate Number. 04230049 Type: CHIEF OF SUPPORT
Inmate Secondary Number: Sub Type: CHIEF OF SUPPORT
Inmate Name: STAVELEY, DAVID ,
Initial Location. DWDF B27A_ Current Location: DWDF B27 A
Stamp Action » etal User
8/16/2021 4:07:31PM

ORIGINAL REQUEST:

DEAR MAJOR LAPORE, YOU ARE INCORRECT. I MADE REQUESTS OVER THE COURSE OF 10 DAYS TO
RIVARD AND NUMEROUS CO,S TO GET PAPERWORK. | WOULD NOT HAVE BOTHERED YOU IF i HAD
NOT EXHASTED MY OPTIONS PRIOR. | TAKE EXCEPTION TO YOUR FALSE ACCUSATIONS. THANK

YOU, DAVID STAVELEY, 04230049
BN7IZ021 1:36:02PM ALEPORE

CLOSED:
Good afternoon, | am nat sure what your talking about? Explain in more detail.

Have a good day, Major Lepore

Add. 15
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 45 of 93 PageID #:
Request Report - CLOSED Printed: 10/8/2021 M
Request Number 274610 Submitted: 10/7/21 8:04 pm
Inmate Number: 04230049 Type: ’ CHIEF OF SUPPORT
Inmate Secondary Number: Sub Type: CHIEF OF SUPPORT
inmate Name: STAVELEY, DAVID
Initial Location: DWDF B27 A Current Location: DWDF B27 A
Siamp . User
Action : eet ; fot 1?
Detail ' - af ‘ a wget Be Leeaeen
os opnep Ye Ly. BSA rok a veslaS proaieed Bfo[Hr oePOC™,
40/7/2021 8:04:29PM ,
ORIGINAL REQUEST:

DEAR MAJOR LAPORE, YOU ASKED ME TO COMMUNICATE WITH YOU IF HAD ANY ISSUES? AS YOU
MAY REMEMBER | HAVE HAD A VERY HARD TIME GETTING MY ATTORNEY PHONE NUMBER INTO THE
SYSTEM. YOU AND COUNSELOR CONIGLIA HAVE RECEIVED THE NUMBER AND N3CESSARY FORM.
AS OF TONIGHT THE NUMBER STILL DOES NOT WORK? SORRY TO BE THE BEARER OF BAD NEWS.
PLEASE, PLEASE, PLEASE COULD YOU PUT THE FOLLOWING PHONE NUMBER 401 865 6075, ATTY
JASON KNIGHT, ONE TURKSHEAD PLACE, SUITE 1440, PROVIDENCE, RI INTO THE PHONE SYSTEM SO

| MAY CALL HIM? THANK YOU, DAVID STAVELEY 04230049, UNIT B CELL27
4 8:13:56AM ALEPORE

CLOSED:
Goad morning, | will give this information to Major Damaso, she will have someone from her department enter

this in the system for you.
Have a good day, Major Lepore

Add. 16
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 46 of 93 PageID #:
Request Report « OPEN PHINEU. pUraglZuet Ty cn
Request Number: 274659 Submitted: 10/8/21 9:36 am an”
inmate Number: 04230049 Type: CHIEF OF SUPPORT
inmate Secondary Number: Sub Type: CHIEF OF SUPPORT
Inmate Name: STAVELEY, DAVID
Initial Location: DWDF B27 A Current Location: DWDF B27 A
Stamp y User

Action 54 i
10/8/2021 9:36:58AM

IGINAL REQUEST:

DEAR MAJOR LAPORE, THANK YOU FOR ADDRESSING THE ONGOING ISSUE OF GETTING MY
gy ATTORNEY PHONE NUMBER INTO THE INMAYE SYSTEM. AS YOU KNOW | HAVE BEEN REQUESTING
¥ OR MONTHS THIS ACCESS AND FILLED OUT ALL FORMS AND COMMUNICATED REPEATEDLY WITH
YOU. MY HOPE IS IT CAN FINALLY BE RECTIFIED. ACCESS {S GRITICAL DURING COVID CONDITIONS.

ALSO { KNOW | MUST GO TO YOU TO GET COPIES OF INTERNAL CORRESPONDENCE. YOU HAVE

BEEN HELPFUL IN THE PAST SO MY HOPE IS YOU CAN ACCOMODATE THIS REQUEST AS WELL?
COULD | GET COPIES OF INTERNAL REQUESTS 259405, 264207, 265284, 265503 AND 274610. FIVE
REQUESTS. THANK YOU MAJOR FOR YOUR A*ISTANCE. DAVID STAVELEY, 04230049, UNIT B CELL 27

Add. 17
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 47 of 93 PageID #:
2 ee “ft (IPC -WES-LDA Document 79

The Disciplinary Board

Supreme Court of Rhode Island

of the

a il aS 26d?
/ Date
Return Form to: Chief Disciplinary Counsel
, Philip W. Noel Judicial Complex
222 Quaker Lane - Room 1083
Warwick, Rhode Island 02886
(401) 822-6071 (Fax)
Please Print or Type:
(First) (wet Initial) (Last)
5 f6 1 [Mam We Th Kd [~ 2
(Mailing Address - Street or Post Office)
Dracy ia MlasS: O7F 2L
(City/Town) (County) (State) (Zip Code)
Telephone Number(s) Business: AID: Ly- § DSC) Home Phone: (77 § ~ U5 5- P2953
- Attorney against whom you wish to file a complaint:
‘ i (lame)
ay j "EO if . f fo fo 44 . ~ aa N47 ae
Cope Juv LS fer te § yh be [4 Le, hye) de en Wb 22929

‘Did you employ the attorney:

If yes, give the approximate date of employment: La

Yes” Va

Calling Address)

No &
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 48 of 93 PageID #:
If,no, what is your connection with the attorney?

Nature of Complaint. (a) Provide a detailed description(dates, names, etc.) of the attorney's conduct.
(b) Attach additional pages as necessary. ‘(c) Please provide a copy of any document(s) that you refer to
in your complaint. (d) Please ¢ sign your complaint.

If your complaint is about a law suit, please furnish the following information, if available:

Title of Suit:

Suit Number: Date Suit Filed (approximate)

Name of Court:

‘Daud Chel

¢ Signature )

Mee Li: Dat} ey u
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 49 of 93 PageID #:
Page One 761

Instructions:
OFFICE OF THE BAR COUNSEL
OF THE (1) Please type, if possible. Otherwise use a
BOARD OF BAR OVERSEERS dark pen.
OF THE SUPREME JUDICIAL COURT (2) Write only on the front side of the
FOR THE paper.
COMMONWEALTH OF

MASSACHUSETTS (3) Specify exactly what the attorney did

that you believe to have been
misconduct. Attach additional sheets if
necessary.

(4) Enclose copies of documents as
specified on the attached list of
requested documents. Please do not
send original documents.

COMPLAINT

! a.
Date: _/ DL afi th 7 Go272 (5) Retain copies for your records of this
} and any subsequent correspondence and
documentation sent to this office.

(6) Please return to:

OFFICE OF THE BAR COUNSEL
99 High Street

Boston, Massachusetts 02110

tel: (617) 728-8750

fax: (617) 482-2992

https://www.massbbo.org

1. 1 Tiudit ih $5 Sa iD he 0 Yee Dav id iS lore fey ,
(type or print your full name) ;

allege that attorney Wa Séf] Ku LA. ht ar
whose office address is Che Terks Hee d Pee. Wi [Yl ie ad Ichenice fas HAGE:

has committed acts of misconduct as set forth in the Statement of Facts attached.

2. I request that the Office of the Bar Counsel investigate this misconduct.

. I understand that a copy of this statement may be mailed to the attorney for a reply.
4. [ understand that this matter must be kept confidential by Bar Counsel and the Stony Overseers.

(signature) Yo fd WL i Jd, LE ibe ze ae

(address) 5b [| levin woth Ke 7
Ommeevt WA e1¥26

(telephone) Hees ve tired GTS- YES pC qe
cell: IPG AO gy - SISG

Lamers
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 50 of 93 PageID #:
Page Two
ADD ADDITIONAL SHEETS IF NEEDED.

STATEMENT
OF FACTS

Please do not write above this line and write only on the front of this and any other
pages you attach.

Please fill in the following, if applicable:

Court case name: L/ SA vs.) Wa Ve i cf
Name of Court: US Dj sli ot feu al : Distrie T of K I. ({ (eV dew &
Statement of Facts: _ A .

Tifa éh in 276 Fi Hees
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 51 of 93 PageID #:
March 19, 2022

Ethics Commission of R.|
Providence City Hall

25 Dorrance Street
Providence, R,.

To Whom It May Concern:

This is a complaint filed to the Office of the Bar Counsel in the State of Massachusetts against
Atty. Jason Knight, an attorney in R.|, and a representative of the State of R.I. This is not an
easy thing to do at the age of 81years, but this man has no integrity, is dishonest and a bully.

| have sent you my fetter of complaint and | have proof of this that | have forwarded to the Bar
Counsel in Massachusetts and | would forward it to you if needed.

Sincerely,

Judith S. Sanbom
judithsanborn2014@gmai..com
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 52 of 93 PageID #:
Case 1:PApcr-OD0PA ANE SHLDA ( 7Decurnént tO (rxéaosi29/22 Page 52 of 93 PagelD #:

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Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 53 of 93 PageID #:
w7ey

March 7, 2022
Complaint against Atty. Jason Knight by Judith S. Sanborn to the Office of the Bar Counsel

1 called the law office of Atty.Knight in February of 2021 and told him about my son David
Staveley, an inmate in D.W. Wyatt. We discussed my concerns and that his fees would be
$25,000 for a Plea and $35,000 if it went to trial. | told him | was 81 years old and would have
to use all my retirement money and would think about it and get back to him which | did and on
2/24/21 | sent the First check for $10,000 on that verbal agreement (See the attached copies of
my checks #1). During that time he did see David for an initial consult, but as he did not register
his telephone with DW Wyatt for David to be able to reach him | would have to text or call him
with any questions David had and he would give an answer or say he would see him in a few
days or the following week, but that didn’t happen. This continued in this manner until April
when he told me it was time for more money and | sent another check for $10,000. David would
ask to tell him he needed to see him as he had information and questions and | would let Jason
know and Jason would text or call me and tell me to tell David.

Atty, Knights first correspondence to David Staveley was on 5/27/2021 (#2) telling him to reach
out to the Evidence Coordinator at Wyatt as he left the evidence with them on Aoril 22, 2021
instead of giving it to David . This letter was received by David on May 30,2021, but the
evidence was held onto by Wyatt and had to go through their coordinator. (see attached request
report( #3). Another request for money and on 5/28/21 | sent him another check not knowing he
brought a Plea to be signed on 5/17/21 giving David 72 hrs for concerns and changes. Two
more money requests knowing | had already given him more than the $25,000 for a plea and
leading me to believe he would stop working if | didn’t comply. That brought it to $28,000 and we
still had no contract and one letter. David never saw the evidence before signing a plea.

Sentencing was set for August 5, 2021 but was rescheduled and moved to October 5, 2021 by
Atty Jason Knight without David's knowledge, in fact | learned about it and told him. He was
was under much duress and to add to that Atty. Jason Knight showed up at D W Wyatt with a
paper for David to sign and told him to just sign it and do not date it as he lost the original fee
contract. There never was one and he never sent a copy of this one either.

After sentencing Jason Knight never spoke or went to see his client and you will see the court
order ( #4) directing him to complete his job as | had asked him for copies of ail papers and he
refused stating he needed more money, hence the appeal.

The only other correspondence from Atty, Jason Knight is a Letter dated 11/30/21 (#5) written as
a summary. We have never received a contract or itemized bill and | only have those copies of
my checks equaling $33,000. He owes me at least $8.000 unless he can prove he did any kind
of work in fact, at the sentencing they called David Staveley a liar, his attorney did not object
and both attorney and prosecutor knew of the BOP records containing the report of the rape and
beatings by the guard in the BOP.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 54 of 93 PageID #:
4 (Bu

“id

April 12, 2022

New evidence of Atty. Jason Knight's conspiracy with Prosecutor Lee Vilker came to our
attention yesterday by way of the Psychologist at FMC Devens Facilily. She found both Medical
and Psychologica! records dating back to 2015 and a Federal request by Prosecuter Lee Vilker,
which he received in the fall of 2020, containing all the proof of the incident of rape, beatings
and isolation of David A. Staveley. i don't doubt he told Jason Knight of his findings, but he did
lie to the Rhode island court and Judge McElroy at the sentencing saying David Staveley was a
liar and that there were no records.

Jason Knight told me why they were not investigating the attorney for the restaurant in Berlin,
MA, one Atty. James Mears of Peabody, MA. He said he was a confidential witness in another
MA case even though he was the attorney filling out all the forms and notarizing all signatures
even without the persons being there. Steven Scott was another person of interest as early on
he did the computer work in the restaurant along with Joan Connors until they had a
disagreement and he became a realtor in Rhode Island and was involved with the restaurant
purchases by David Butzinger in Warwick. Atty. Mears was also involved, along with phantom
investors in these projects.

Jason Knight also told David that MA refused this case for too little evidence.
These two men representing the state of Rhode Island also had to win this case because they
brought the news media into the courtroom for the sentencing in order to enhance their polilical

careers, not for justice.

Judith S. Sanborn
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 55 of 93 PageID #:
pew rads

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Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 56 of 93 PageID #:
STATE OF RHODE ISLAND

SUPREME COURT
Disciplinary Board
John E. Fogarty Judicial Annex
Noel Judicial Complex
222 Quaker Lane — Room 1083
Warwick, RI 02886
Fax (401) 822-6071

Complainant Disciplinary File Number

DAVID STAVELEY DI-2022-0941C

JUDITH S. SANBORN
Vv

Respondent
JASON KNIGHT

Dear MR. STAVELY and MS. SANBORN:

This office acknowledges receipt of your recent request for investigation with regard to the
above-noted attorney. We have forwarded a copy to attorney JASON KN IGHT for a response.
You will receive a copy of the response when it is received by this office.

Kerry Reilley Travers
Chief Disciplinary Counsel

This letter was generated on 5/13/2022.

This letter was sent to:

DAVID STAVELEY
JUDITH S. SANBORN

590 MAMMOTH ROAD - #2
DRACUT, MA 01826

DI-CMS-01 (revised April 2021)
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 57 of 93 PageID #:
STATE OF RHODE ISLAND
sine oe) SUPREME COURT
, Disciplinary Board
~ Noel Judicial Complex

222 Quaker Lane — Room 1083
Warwick, RI 02886
Fax (401) 822-6071

Page 1 9p PagelD #:
Addseduar D

Dear DAVID STAVELEY:

Complainant Disciplinary File Number
DAVID STAVELEY - . | DYE-2022-094IC .
Vv.
Respondent
JASON KNIGHT

Please find enclosed a copy of a response received in our office by attorney JASON KNIGHT —
relative to your complaint. Please review this information and provide this office with your

further written comments on or before 6/2/2022.

Your cooperation in this matter is appreciated.

This letter was generated on 5/18/2022.

Biay| fe
Kerry Reilley Travers
Chief Disciplinary Counsel

This letter was sent to:
DAVID STAVELEY

590 MAMMOTH ROAD - #2
DRACUT, MA 01826

Enclosure

DI-CMS-5 (revised April 2021)
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 58 of 93 PageID #:
710 A dlls hi

The Law Office of | Oné Turks Head Place, Suite 1440
. Providence, RI 02903 .
Jason Knight ~ Q: (401) 865-6075 F: (401) 216-8234

jason. knight@jasonknightlaw.com

May 16, 2022 Co ,
RECEIVED

Supreme Court of Rhode Island -

Kerry Travers, Chief Disciplinary Counsel _ a 7 MAY 1-7 2922
Disciplinary Board
Noel Judicial Complex Suore te ot Rode istand

Preme Court D
222 Quaker Lane Road - Room 1083 6 Mourt Disciplinary Board
Warwick, RI 02886

via email to disc@courts.ri.gov
Subj: Staveley, ef al v. Jason Knight - DI-2022-0941C.

Ms Travers,

. I am in receipt the Beard’s correspondence and associated complaint dated May 13, 2022. In
| accordance with the Board’s instructions, please see my response below.

_! represented Mr. Staveley in Rhode Island U.S. District Court case 20-CR-74 MSM in which he.
(D) was charged conspiracy, several counts of bank fraud, false statements to the Small Business
Administration, aggravated identity theft, and failure to appear in court (escape).

*\ Mt. Staveley was first arrested on or about May 5, 2020. He was represented by another attorney
3 from May of 2020 until I entered my appearance on or about March 1, 2021.

iv this matter I took contemporaneous “running notes” of‘events in the case and have relied on
(Winose notes and my memory to fashion my response to the complaint.

__ I was first contacted about this case by David Staveley’s mother, Judith Sanbom in February of
ZEN 2021. I recall speaking with her on the telephone. I recall discussing the case and quoting a fee. I
(6 recall discussing a fee at $25,000 for the case but later, and in the same conversation, put forth a
final quote of $35,000 for the entire case - with or without a trial. Thereafter, on or about March
1, 2021, I received word that the family wished to hire me. I was paid $10,000 upfront and I filed

an entry in the case.

At that point, there was a lot of work to do because the client had a pending motion for

6) compassionate release based on his medical condition. I moved quickly to obtain medical records Le i ge ( re
from his prior incarceration and his time at Wyatt to evaluate the motion and its potential for ft t hot
" success. . “bu mM jas
yh mr ; raeas ,
Page 1 of 4 dg ef

7 i V A
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On ts ve eee
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 59 of 93 PageID #:
, "771 \y pe

On or about March 10, 2021 I visited the client at the Donald Wyatt Detention Facility in Central vf -
(7 ] Falls and updated him on my progress evaluating his motion and obtaining background ; ( Vi ne { ( .

information about the case. ee a
PON (i L On or about March 21, 2022 I visited the client at Wyatt and discussed the case at iength. Mr. 0 Mr
ND, q iS ue be Siaveley also signed the fee agreement. A copy of the fee agreement is attached to this letter. re
ae “Aba ant j
. N ! Vv During the months of March and April 2021, I received an enormous amount of discovery and I / ! “ ; Af
yw \ “a yee’ many hours culling through the maicrial. Much of it was only marginally relevant and . Vv Cee bk
‘ouy of S contained a variety of data dumps by Google in response to the government’ s search warrants. l- yl ¢ (
‘on \ When I visited the client during this period, each visit was lengthy. the pba tak Y'r . Vie
: : {uv Jeo rye é vi | a
q A. _.. During each of these visits, the client wished to discuss at length certain mitigating factors in his. . fed a
7 ‘0 ase and why the evidence did not present a complete picture of the case. The client was. f “Gy 4
obsessed with the role of an attorney who had been deeply; involved with several transactions W v 0 I
,\ Televant to the fraud counts. (Josere (ied? pte a yA ou 1 he of tf 7, ricesle Ci aay. ot y jot
v wh

4 aon put fee veal Lot ye). Hees if eee CRG Ee ee Ca
iy I distilled the evidence down and determined ‘hat the client would likely be convicted if he chose

i "Ve go to trial. I distinctly recall visiting him and going ever this evidence’ which included the. fact Uv fe

i" — that his co-defendant was a cooperating witness f& oe feet Crrelecee pepe /
NAY | cos bbCRf be ch why. Oli rol he bee ra a [aker dfetry | Fae
Ms \e / 2 During this time, the prosecutor, put forward a plea offer with a time limit. My iinderstanding A yi
~ \ was that the prosecutor was frustrated that he was about a year into the case and it was still 7 te ee
Aare \ pending. ‘I indicated to the prosecittor that I could not comply with his deadline because of my / ¢ ick Loy
rc, not" recent entry into the case and that there were at least some counts of the indictment that were not.”
all entirely supported by the evidence.

Tan
oe
C
a

tet
; we om Based on these discussions, the prosecutor put forward a new offer, dismissing some counts, and nat
\S 4 \ anew deadline. With this offer in hand, I visited the client on two separate cecasions to discuss { +e FU ps
- | the offer in light of the relevant evidence. Specifically, T brought the new plea offer for his fe ge ; Y
\e) a consideration on May 4, 2021. I visited him again on May 6, 2021. On that date the client signed * [ ate |
V the plea agreement. It was made clear to him that he could back out and opt for a trial anytime ue Let bh
prior to the actual change of plea. pitay f en a

eae -

@ Additionally, on April 20, 2021 I forwarded a hard drive containing the entire evidence collection
\\ \ to the client pursuant to Wyatt’s evidence procedures. I understand that Staveley had difficulty jam f
) setting up a time to view the evidence on.a computer. Nevertheless, I am confident the client saw | * f 4
and was aware of the key pieces of evidence that would be used against him because I personally
showed Staveley that material during my discussions regarding the plea offer.

Kren

Page 2 of 4
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 60 of 93 PageID #:
Finally, I was. always available via telephone to his mother. For s some reason, the.client never
5 endeavored to.call me directly from Wyatt. Pursuant to Wyatt procedures, it is incumbent on the

C wi "

pos, On May 17, 2021, the client pled guilty pursuant to the plea agreement. Importantly the one
. @ charge that carried a mandatory and consecutive minimum sentence, aggravated identity theft,
" was dismissed.

ae ae ©

Over the next few months,.I worked assiduously to compose a sentencing memo and argument
for Mr. Staveley. Fundamental to his sentencing argument was his contention that he had been
“sexually assaulted by a correctional officer during his previous incarceration. I worked hard over.
(() that summer to obtain documents from the U.S. Bureau of Prisons detailing his sexual assault
and related PTSD. I also obtained pre-sentencing reports from other jurisdictions related to his
prior incarcerations which required. oblaining special permission from the courts in those
jurisdictions. 4 et
on gm
7<~ Qn one occasion I did ask Mr. Staveley to sign another copy of the plea agreement because I had
0) \ misplaced the original he had signed back in March. There were no changes made to the fee

agreement between the original the duplicate. ——

/ we spoke for five’ hours, to review and refine his sentencing arguments. _

_ After he was sentenced, Staveley appealed. Our fee agreement specified that the agreement did
\ not cover an appeal. Nevertheless, at the direction of the court, I completed the work necessary
(p 1’ je formally docket his appeal with the First Circuit and hand off the matter to court appointed
counsel. fe
. “AY Regarding the fee, ultimately I was paid $33,000 by the family. They have a remaining balance
(% ) of $2,000.
=~ Insummary, Staveley and Sanborns’ complaint is without merit. Fundamentally, they complain
au that there was no fee agreement in place the beginning of the case which is not true. They also -

yA allege that I failed to exercise due diligence in Staveley’s defense. As outlined above, nothing -
could be further from the truth.

s

Please contact me if you need any further information.

Page 3 of 4

inmate to set up his phone privileges and obtain approval for certain numbers he wishes to call. | i st 5 ,
pets id-

to fi et me? Af \

(4) I visited the client on five occasions between his plea and sentencing, including one time where lie
i

ie

‘ Heel

i

aan ol

Vat !

De “a4 ye

ye
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 61 of 93 PageID #:
Respectfully,

ma

Jason Knight

Page 4 of 4
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787 Md MOM

STATE OF RHODE ISLAND

SUPREME COURT
Disciplinary Board
Noel Judicial Complex
222 Quaker Lane — Room 1083
Warwick, RI 02886
Fax (401) 822-6071

Complainant Civil Action File Number
DAVID STAVELEY DI-2022-0941C

V.
Respondent
JASON KNIGHT

Dear DAVID STAVELEY:

I enclose herewith a copy of the further written response directed to me by attorney JASON
KNIGHT and a copy of a letter received from your mother, Judith S. Sanborn, in regard to the
allegations in the complaint you filed with this office.

Please-submit your comments on the attorney’s further response in writing within fifteen (15)
days of the date of this letter. It is preferred that all communications be conducted by mail rather
than by telephone because the matter can be handled much more efficiently by correspondence.

This letter was generated on 6/16/2022. y Ty

Kerry Reilley Travers
Chief Disciplinary Counsel

This letter was sent to:

DAVID STAVELEY
590 MAMMOTH ROAD - #2
DRACUT, MA 01826

Enclosure

DI-CMS-26 (revised April 2021)
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 76 of 93 PageID #:
ae) LORI R Hest
et dundee F

The law Office of One Turks Head Place, Suite 1440
. Providence, RI 02903
Jason Knight. 0: (401) 865-6075 F: (401) 216-8234

jason. knight@jasonknightlaw.com

June 6, 2022

Supreme Court of Rhode Island i)
Kerry Travers, Chief Disciplinary Counsel ECE, } VEN
Disciplinary Board UUN ™
Noel Judicial Complex YON 06 2529
222 Quaker Lane Road - Room 1083 Supre, Stat

"Warwick, RI 02886 | _ Pre Ca rep
via email to disc@courts.ri.gov Card

- Subj: Staveley, et al v. Jason Knight - DI-2022-0941C
Ms Travers,

I am in receipt the Board’s correspondence and associated complaint dated June 1, 2022. In
accordance with the Board’s instructions, please see my response below.

In the Board’s letter, the Board has included Mr. Staveley’s and his mother’s response to my
statement regarding Staveley’s initial complaint. These responses essentially rehash a ? ne oud
complaints and no further response is required. To the extent their statements make new_ —_—
allegations against me, please see my specific responses below:

1. Mr, Staveley now alleges that I threatened to stop work on his case if I was not paid. I did not
do that.

2. Mr. Staveley complains that he was not given an itemized billing statement. I charge a flat ane
fee for criminal cases and generally do not provide an itemized bill unless a client asks for
one. In this case, Mr. Staveley never requested an itemization. , . vi ee

3, Mr. Staveley states that the handwritten date on the copy of the fee agreement Ihave ~~~--.
provided to the board is not his handwriting and was written after the fact. As I have
explained in my previous correspondence, I misplaced the original fee agreement and had
Mr. Staveley execute another copy of the fee agreement, with the same terms as the original,
at some point after he entered his guilty plea. On the duplicate, I wrote in the date of
“3/17/21” after referring to my calendar to determine when David originally signed the fee
agreement. There is a discrepancy between my calendar and notes as to whether Staveley
signed on 3/17/21 or 3/21/21. In any, event, his signed the fee agreement during an in person
visit in March of 2021 and my running notes reflect that date as March 21, 2021.
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 77 of 93 PageID #:
Me

4. Mr. Staveley complains that I took a call on my mobile phone when we were in court for his ye
sentencing. I did take a call and had a brief discussion prior to the judge taking the bench.

ee

Please contact me if you need any further information.

Respectfully,

Jason Knight

Page 2 of 2
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 78 of 93 PageID #:
State of Rhode Island Supreme Court June 13, 2022
Disciplinary Board

John E.Fogarty Judicial Annex

Noel Judicial Complex

222 Quaker Lane - Room 1083 R ECE IVED

Warwick, R! 02886

| YUN 15 2pp9
Attn: Kerry Reilley Travers 5
Supreme” Cant Rhode Islang
Re:File-2022-0941C, David Staveley, JudithS. Sanborn 'Sclplinary Board

Dear Ms Reilley:

This is just an update on David's case #21-1842 filed with the Court of Appeals in
Massachusetts against The sentencing and ineffective counseling of Atty. Jason Knight.

They are allowing a trial hearing and oral arguments in Julyjof 2022 in Boston and the
prosecutor has admitted there were flaws and ineffective counsel in this case.

| assume you can find the results of their response to our request for an appeal and get the
exact words, if not I’m sure Atty. Kara Hoopis-Monash would be very helpful as you have been
to me.

Sincerely,

Judith S. Sanborn
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 79 of 93 PageID #:
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Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 80 of 93 PageID #:
The Law Office of One Turks Head Place, Suite 1440
. Providence, RI 02903
Jason Kni ght O: (401) 865-6075 F: (401) 216-8234

jason.knight@jasonknightlaw.com

July 14, 2022

Supreme Court of Rhode Island RECE l VED

Kerry Travers, Chief Disciplinary Counsel

Disciplinary Board
Noel Judicial Complex JUL 14 2022
222 Quaker Lane Road - Room 1083 State of Rhod
L
Warwick, RI 02886 Supreme Court Dscipinary Board

via email to disc@courts.ri.gov
Subj: Staveley, et al v. Jason Knight - DI-2022-094

Ms Travers,

Iam in receipt of the Board’s correspondence dated July 6, 2022 and I have responded below.

In addition, with respect to the fee agreement issue that Mr. Staveley has raised, the Board is
aware from previous correspondence that Mr. Staveley’s original signed fee agreement was
misplaced and I asked him to sign another copy, with the same terms, a few months after the
representation began. Mr. Staveley disputes this and has alleged that I never presented him with a
fee agreement at the beginning of the case.

I have obtained a screenshot (attached) from my computer showing the meta data from the
original word processing document used to create the fee agreement. The document was created
on March 17, 2021.

With respect to Ms. Sanborn’s and Mr. Staveley’s additional correspondence, please see my
responses below: ,

With respect to the letter frora Judith Sanborn indicating that the government has admitted there
was ineffective counsel in his case. I am not aware of any such statements. Furthermore, a
cursory review of the docket in the appeal and the memoranda submitted by the government thus
far does not support her assertion.

With respect to the letter from Mr. Staveley dated June 24, 2022. Please see the numbered
paragraphs below (corresponding to Mr. Staveley’s paragraphs) in response:

1. I did not threaten to withdraw from Mr. Staveley’s case and I did not condition my continued
performance on a full payment of the fee. I recall occasionally asking as to when I should expect

Page | of 4
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 81 of 93 PageID #:
793 Page 81 of 93 PagelD #:

further payments. It is possible, although I have no specific memory of such a conversation, that
] informed Mr. Staveley he had the right to terminate me if he wished but that it would subject to
court approval.

4. [have addressed these allegations in my previous correspondence with the Board. In my letter
of May 16, 2022 I stated:

“J was first contacted about this case by David Staveley’s mother, Judith Sanborn
in February of 2021. I recall speaking with her on the telephone. J recall
discussing the case and quoting a fee. I recall discussing a fee at $25,000 for the
case but later, and in the same conversation, put forth a final quote of $35,000 for
the entire case - with or without a trial. Thereafter, on or about March 1, 2021, 1
received word that the family wished to hire me. I was paid $10,000 upfront and I
filed an entry in the case.

At that point, there was a lot of work to do because the client had a pending
motion for compassionate release based on his medical condition. I moved
quickly to obtain medical records from his prior incarceration and his time at
Wyatt to evaluate the motion and its potential for success.

On or about March 10, 2021 I visited the client at the Donald Wyatt Detention
Facility in Central Falls and updated him on my progress evaluating his motion
and obtaining background information about the case.

On or about March 21, 2022 I visited the client at Wyatt and discussed the case at
length. Mr. Staveley also signed the fee agreement. Acopy of the fee agreement is
attached to this letter.”

In March, when the original fee agreement was signed, I believe I asked Mr. Staveley if he
wanted a copy because that is my practice. I do not automatically supply clients who are
incarcerated with copies of their fee agreements because they often do not any materials from
their case with them inside the facility; particularly if the charge is a sensitive one. Had Mr.
Staveley asked me for a copy or asked that I send a copy to his mother, I would have done so.

3. Please see my response to question #2. Additionally, Mr. Staveley was given every opportunity
to review the fee agreement.

4. Please see my response to question #1 and #2.

Page 2 of 4
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 82 of 93 PageID #:
t

I visited the client on five occasions between his plea and sentencing, including
one time where we spoke for five hours, to review and refine his sentencing

With respect to the motion to continue the sentencing, it is true that I filed a motion to continue

Page 3 of 4
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 83 of 93 PageID #:
In this case, I did not file the notice of appeal, Mr. Staveley did. I indicated to Mr. Staveley, that I
would not perfect the appeal because I was not hired for appellate work. I contacted the First
Circuit and told them the same thing. They indicated that, by rule, I was obligated to continue to
represent Mr, Staveley until substitute counsel could be appointed or private counsel entered. J
was not aware of this rule because I do not have an appellate practice. Nevertheless, in
accordance with the court’s instructions, J represented Mr. Staveley in the First Circuit until the
court appointed his current attorney. At no time was Mr. Staveley prejudiced in his appeal.

8. Mr. Staveley consulted and participated in the formation of his sentencing argument and
presentation of the argument in court.

9. This statement does not require a response.
Please contact me if you need any further information.

Respectfully,
je

Jason Knight

Page 4 of 4
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 84 of 93 PageID #:
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United States Court of Appeals
For the First Circuit

No. 21-1842
UNITED STATES,
Appellee.
v.

DAVID STAVELEY. a/k/a Kurt David Sanborn, a/k/a David Sanborn, a/k/a Kurt Sanborn, a/k/a
. David Adler Staveley, .

Defendant - Appellant.

ORDER OF COURT

Entered: November 8, 2021
Pursuant to Ist Cir. R. 27.0(d)

Defendant-appellant David Staveley has filed a pro se motion seeking appointment of
counsel on appeal. The motion is denied without prejudice to reconsideration once appellant has
obtained in forma pauperis ("IFP") status.

Appellant must, with the assistance of Attorney Jason P. Knight, (a) file a financial
affidavit and move to proceed in forma pauperis in the district court, and (b) provide this court
with proof of filing. If the district court grants appellant IFP status, this court may appoint counsel
under the guidelines of the Criminal Justice Act, 18 U.S.C. § 3006A. If the district court denies
the motion, appellant must file a motion to proceed IFP and financial affidavit in this court, See
Fed. R. App. P. 24.

a

Attorney Jason P. Knight is directed to Ist Cir. R. 46.6(a), providing that "[aJn attorney
-_ who has represented a defendant in a eriminal case in the district court will be responsible
(\) for representing the defendant on appeal . . . until the attorney is relieved of such duty by the
° court of appeals." (emphasis added). Therefore, counsel is responsible for meeting all filing
deadlines in this appeal until he is allowed to withdraw. The time for filing an appearance form,
a docketing statement, and a transcript order form are extended to and including December 8,

By the Court:

A) " Maria R. Hamilton, Clerk
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 90 of 93 PageID #:
a MEP D

ce:

Lee H. Vilker
Sandra Rae Hebert
Lauren S, Zurier
Jason P, Knight
David Staveley
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 91 of 93 PageID #:
United States Court of Appeals
For the First Circuit

No. 21-1842
UNITED STATES OF AMERICA,

Appellee,
Vv.

DAVID STAVELEY, a/k/a Kurt D. Sanborn, a/k/a David Sanborn, a/k/a Kurt Sanborn, alk/a
David Adler Staveley,

Defendant, Appellant.

JUDGMENT
Entered: August 2, 2022

This cause came on to be heard on appeal from the United States District Court for the
District of Rhode Island and was argued by counsel.

Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The
appeal is dismissed without prejudice to the right of the defendant to prosecute his ineffective
assistance of counsel claims in a collateral proceeding under 28 U.S.C. § 2255.

By the Court:

Maria R. Hamilton, Clerk

“cc: Hon. Mary S. McElroy, Hanorah Tyer-Witek, Clerk, United States District Court for the
District of Rhode Island, Lee H. Vilker, Sandra Rae Hebert, Lauren S. Zurier, Kara Hoopis Manosh
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 92 of 93 PageID #:
Case: 21-1842 Document: 00117904661 Page:9 Date Filed: 08/02/2022 Entry 1D: 6511279

The attorney who represented him below was — he says — asleep at __-

sanneeennte

the wheel. But that allegation is not properly before us based on
etn

our well-established Mala rule and, therefore, does not denature
the operation of the defendant's waiver.

To reach this conclusion, our starting point is whether
the waiver appears presumptively enforceable. Answering that
query will dictate how we evaluate the defendant's asseverational
array.

B

Under Teeter, we determine whether a presentence waiver
of appellate rights was entered into knowingly and voluntarily by
looking to the "text of the plea agreement and the content of the
change-of-plea colloquy" — the "critically important" sources for
a “determination of knowledge and volition." Teeter, 257 F.3d at
24; see Nguyen, 618 F.3d at 74. The waiver's scope must be clear
and definite. See Teeter, 257 F.3d at 24; Nguyen, 618 F.3d at 74.

The district court also must "question the defendant specifically

about [his] understanding of the waiver provision and adequately

inform [him] of its ramifications." Teeter, 257 F.3d at 24; see
Nguyen, 618 F.3d at 74. "If this appraisal shows that the waiver
was made knowingly and voluntarily," it is "presumptively

enforceable." Nguyen, 618 F.3d at 74.
Here, the plea agreement and the transcript of the

change-of-plea colloquy make manifest that the defendant's waiver
Case 1:20-cr-00074-WES-LDA     Document 79     Filed 08/29/22     Page 93 of 93 PageID #:
KARA HookblS MANOSH,

ATTORNEY AND COUNSELOR AT LAW

March 27, 2022

David Staveley, #04230-049
FMC Devens, Camp

PO Box 880

Ayet, MA 01432

J. Sanborn
290 Mammoth Road
Dracut, MA 01826

Dear Mt. Staveley,

Enclosed please find the Coutt’s Opinion in yout case. As you will see, the appeal has been dismissed
without prejudice. They declined to teach the merits of the case and ruled that the arguments are mote
approptiately directed to the District Coutt, which can conduct hearings on the issues that you raise.

Because I was appointed by the First Circuit Court of Appeals, this concludes my representation of
you. If you choose to proceed with the Petition back in District Court, you will either need to hire an attorney
to ptepate and file it OR begin the process with a pro se petition and request that the District Court appoint
counsel.

I wish you the best of luck — both with the case and with your new location at the camp. It has been
a pleasure working with you and getting to know both you and yout mother during this process. Thank you
for your evety kindness along the way!

Sincerely,
Kata Hoopis Manosh
_ 127 Dorrance Street, 2nd Floor (401) 714-8926
. Providence, Rhode Island 02903 KaraManosh@ManoshLaw.com


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