Motion for Compassionate Release with Expedited Review — United States v. Amber Rewis Bruey

Full text

Case 221 O00 TA TPBK_D Document 163 Filed 01/02/24 Page 1 of Hip PagelD

| 1499 3s

: MOTION FOR COMPASSIONATE RELEASE 3582c oS

' WITH EXPEDITED REVIEW AND PERMISSION aS

TO FILE IN FORMA PAUPERIS eet

{| nae

Case #: 2:21-cr-74-TPB-KCD ao

I am requesting as a pro se litagant for compassionate release/

reduction iin sentence under 18 U.S.C. 3582c(1)(A) and 4205(g).

Due to seeking compassionate release for several factors, I am

requesting|:consideration under the “other extraordinary factors"

. . . .
consideration. The reasons I am seeking compassionate release are

“Tl

my own several chronic health issues that I'm not able to get proper

om BOP that were not known at the time of sentencing, but

care for fy
came about|/as a result of pregnancy complications prior to surrendering,
I have 5 children who have several medical issues that require multiple

weekly and} ongoing appointments that were not all known at the time of

|

at . . .
sentencing) and my mom is the only available caregiver who has several

|

chronic “ debilitating medical conditions so it's hard for her to get
Dp

them to appointments and she misses her own appointments which only
makes her own health issues worse. Not being able to drive and her
|health as well as taking care of my kids makes it where she can't work
and she is struggling to pay bills, medical copays and medications |
for herself and my kids.-In addition, I have been diligently
programming since my surrender at FPC Alderson on 5/12/23 and I work
-las a GED dnd ESL teacher aide in the education department since July
2023. In dddition, I qualify for amendment 821, Second Chance Act
(3624c(1) and 3624c(2)), and First Step Act credits. According to

USSG 181.13, the court may reduce a term of imprisonment (and may
impose a term of supervised release with or without conditions that

does not exceed the unserved portion of the original term of

imprisonmen
3553(a), to

that: 1) #xtraordinary and compelling reasons exist 2) the defendant is

t) if, after considering the factors set forth in 18 U.S.C.

the extent that they are applicable, the court determines

Case 2:21-

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iS aware, 9
when I was

rontracting

‘fraction, |
tacchycard]
progressivé
degeneratiy
Severe mig}
meeding to
land per th
care docto

letters at

Alderson I
cardiology
are to be
May 2023,
wanted to

seen for t

evaluated
cause. Ih

been told

hot a dangé

provided ifr

this policy

The first gf

Filed 01/02/24

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r-00074-TPB-K_D Document 163 Page 2 of 14 PagelD

1500

Ly

r to the safety of any other person or to the community

I
|

1, 18 U.S.C. 3142g and 3) The reduction is consistent with

| statement.

|
{
mart of my request pertains to my own health. As the court

ny baby was born prematurely due to my health complications
diagnosed with pre-eclampsia with severe features. After

"
>

COVID in 2022 and these pregnancy complications I was

Hiagnosed with cardiomyopathy, reduced left ventricular ejection

nypokinesis of the heart muscle, high blood pressure,

la, Hypersensitivity lung disease, chronic asthma,

=.

es debilitating arthritis, debilitating scoliosis,

le disc disease, cervical dystonia, fibromyalgia, chronic

haines, ADHD, allergies, depression, and anxiety. I was also

Ibe evaluated by a spine specialist for possible surgery

neurologist needed to start Physical Therapy. My primary

r, cardiologist, pulmonologist, and neurologist all wrote

testing that I needed close and continual follow up and

needed to maintain my medication regimen, but since arriving at FPC

| . .
jhave not received the care I have needed other than a

referral. According to the FPC Alderson handbook, inmates

seen within 30 days of the referral. My referral was done in

but I did not get to see a cardiologist until September. He
|

See me back in December 2023, but to date I have not been
he follow up despite still having shortness of breath and

fluid retention issues as well as tacchycardia that was being

through heart monitors prior to my surrender to determine the

dve asked about seeing other doctors for my issues and have

to "be patient". I was on 23 medications when I came into

BOP custod

|

entered F

anlw alla

y (which my doctors said I needed to stay on) but when I
C Alderson a nurse took me off of most of them and now I'm

ed to be on 9 medications that are not addressing my health
you need m

the care tl
that the m
or to go b
records of
back pain

land they h
they charg
ibuprofen

long-term

several pr
work to re
of the bed
worth payi
long histo
well. as do
weekly bef
regimen th
They took
only. I ga
and I told

or have so
serotonin
2023 which
not had it

than they

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my medicaty

bad choices

medications.

sa

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r-00074-TPB-K_D Document163 _ Filed 01/02/24

Page 3 of 14 PagelD
1501 ;

needs. When I asked the practitioner doing my initial intake about

Hons or seeing doctors for my medical issues she said, "If

dical care, don't come to prison". I understand that I made

j

; that led me here, but I can't help my medical conditions or
i

at I need. I have told Health Services on several occassions

4

edications are not helping and I have asked for other options |

ack to what I was on when i came in (which they have full

1

From my fused spine, scoliosis and degenerative disc disease

but they do not help me. I have written copouts about my

ve said to come to sick call, but when you go to sick call,

——_ we

you $2 copay and tell you to go to commissary and buy

and muscle rub. These do not help me. I have had chronic

back and joint and muscle issues that I have had to be on
escription medications for. The ibuprofen and muscle rub do not
Lieve my pain. There are days that I can barely get up out

(Or walk from the pain but it gets to the point that its not
| .

ng $2 I don't have to not receive any help. I also have a

ry of mental health and trauma issues from sexual abuse as
nestic violence and I was receiving mental health therapy

ore coming to FPC Alderson as well as a long-term medication
at was helping me-(Wellbutrin, Topomax, Klonopin, and Buspar);
me off these medsications and put me on Depakote and buspar

ve it several months to see if it would work, but it doesn't

\
'

them,but I still haven't had any adjustment to the

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i
|

I asked to be switched back to my original medications

}

ething increased or added. The did blood work to check my

evels and they were low. They did this blood work in June

would show the medication was not working but I still have

adjusted or changed. My depression and anxiety are worse

| ¥ .
have been in a long time and they won't or can't provide me
i :

the help I

need. They also took me off of my migraine injections and Said

|
Case 2:21

the Depako
worse time
Singulair
makes my 4
I asked td
my Singula
commissary
put me on
allergies
them. A fe
said that
dander whi
areas,
encounter
where here
growing in
the shower
or replace
get rid of
and allerg
difficulty
see a pula
occassions
for compag
under cont

not be exp

The second
and needs

have chang

etal

{
rcr-00074-TPB-K_D Document 163
| 1502

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te would help with them but it is

Filed 01/02/24 Page 4of14.PagelD

not. Im also having a

with my asthma. They took me off my Trelegy inhaler and my
prescription for allergies. Being exposed to my allergies
sthma worse and the inhalers they have me on are not helping.
be switched back to Trelegy and they will not. I asked about
ir allergy medication and they said I could buy Claritin from

but Claritin does not work for me which is why my doctor

ingulair. At my initial intake they took down all my .

P

and put me in a unit with no dogs because of my allergy to

w months however, they moved dogs into our unit and recently
the dogs can walk up and down the hallways (allowing their
th is my allergy to come into my room), the bathrooms, dining
The officers said that in the "real world" we would

them. The difference is in the "real world" I can avoid them
I can't. I am also allergic to mold and there is black mold
a huge area in our email/ice and water room as well as in>
rooms. They do not fix the issue. They just paint over it
the sheetrock which allows it to grow back and will never
the issue. Constant exposure to this makes my asthma and
ies worse and they know in health services that I have

breathing but they still won't switch medications or let me

onologist. I have also broken out in hives on multiple

because of the exposure to the dogs and the mold. I am BSKANA

ioante release so I can see medical doctors and get my health

==

ol and get on the medications that I need to be on and to

sed to things that make my health worse.

reason for my request is because of my children's health

EY

fo be cared for. Since my sentencing in July 2022 many things

ed with their health and needs. My oldest son, Andrew, is 14.

He is gene

rally healthy, but has been diagnosed with asthma and <5: +:-
q

6

4

1

putside eny

‘He is self

jconsequenc

Case 2:21

lepression,
a month whi
their prima
naving digeé
lepression
bcecupationa

has had dra

receives we

asthma and

health med
voiced thot
ive mental
and needs

ly and fin
he has ast]

the most s

:

multiple we
therapy an
unable to
given her

after orc

born prema
breastmilk
send me to
is a progr
baby with
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me to this

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explosive disorder, ADHD,
L

i

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A

2)

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poo
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e
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id

lam throu

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+cr-00074-TPB- K_ D Document 163
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He is now having to reeive mental health treatment twice
ch is hard to get him to because my mom,who is currently

ry caregiver, can ‘t drive. My 12 year old, ‘Aidan, has been

stive issues, ADHD, and depression and is on medication for

and he is having to see mental health weekly and both

1 and physical therapy weekly as well. My 10 year old, Avery,
issucs
stic health Pequiring him to carry an epipen and avoid

jronments where most of his allergies are. For this he

ekly immunotherapy shots.. He has also been diagnosed with
generalized anxiety disorder, major depression, intermittent
and Level 1 autism. He is on multiple mental
cations to help with these things. In addition, Avery has
ghts of self harm and harming others requiring more intens-
health therapy. He also receives weekly occupational therapy

o start ABA therapy, but with my mom's limitations, physical-

ncially, he has not been able to start yet. Asher is 4 and

hma and allergies, but he also has level 3 autism which is

vere form and requires lifelong substantial care and support.
harming and he elopes because of his autism and he requires”

ekly appointments including occupational therapy, play

he too requires ABA therapy due to his autism but has been

tart. Asher's needs are very difficult for my mom to meet

or health. She has muscular dystrophy and can't chase

tch him if: he elopes which could lead to devastating

S. My last child is Autumn. She is 10 months old and was

urely, 1/21/23. As a result, she has been only able to have

‘I came before the court in May 2023 to ask that the court
the MINT program (Mother's and Infants Together), which

: gh a halfway house where you are able to keep your
I asked for the court to send |

program so i could meet Autumn's breastmilk requirement need-
Case 2:2

I had spok
MINT prog
they coul
recommend
explainin
participa
program w
‘|custody (
exception
was not o
Alderson

said she

said it w
referral

my baby's
told me,

put your

one for h
responded
said he wo

him and H

>
»

LT.

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D

D

5

cr-00074-TPB-K_D Document 163
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Filed 01/02/24 Page 6 of 14 PagelD

|
en to the head of the RRM that manages the Hillsboro, W
fm and they had said that although it is not typically done,
| make an exception given the needs my baby had if it was |
d by my judge and the case worker put in the referral. After
the situation to the court, you agreed and recommended
ion’ in the MINT program. The government did advise that the —
8 normally reserved for inmates that give birth while in
hich I understood) however that is also the definition of an

somthing that doesn't normally occur. The government also

posed to the court's recommendation. When I arrived at FPC

nd tried to discuss the matter with my case manager, she

it didn't matter what the judge

idn't have to do a refferal,

s only a recommendation, and she wasn't going to put the
: going

a
r

| When I asked her what other options I had and explained
issues, asking how I may be able to get her breastmilk she
you shouldn't have committed a crime and yuou wouldn't have
aby or your family in this situation". I started asking every
‘Ip. HSU kept saying "waiting on guidance." The CCM never

back to my several copouts asking for help. The unit manager

uld get back to me but never did. The AW said to stop emailing

U would let me know something. I pumped and dumped breastmilk

my baby desperately needed from 5/12/23 to 8/25/23 while my mom had to

buy breast

I was allp

milk from a milk bank. August 25, 2023 is the first time

wed to pump and store my breastmilk. The pump I am provided

is a man

and the e

is not gor

|

explained

reglan wh

|

supply wal

od,

cnnd anal

od enou

ich hel

s

Hal medline pump which is hard to use because of my arthritis

lectric pump is a medline (non hospital grade) pump, but it

gh quality to allow the most milk expression. I -
this to health services and I asked if I could be prescribed
ps increase milk production and I was told no. My
dropping because I ‘did not have regular access to or a

ty pumn to keen mv sunplv up Like I needed to.
Case 2:21:c

I asked th
expense an
extremely
under card
and may n¢
With my da
other kdis
that have
children
defendant
but grant
vs. Ivana
found tha
extraordi

Separatio

that shou

The third
Higginboth
57 years
has muscu
anxiety.
extremely
weakness
kids or «4
because q
safety rj
so badly
it very d
much less

immediate

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ughter

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that she is now le

cr-00074-TPB-K_D Document 163
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Filed 01/02/24

aa 3 —_-

Page 7 of 14 PagelD

> warden if I could have a better quality pump provided at my

—

q was told no. All of this has made providing milk for her

difficult: She still requires breastmilk and she is also still

iology observation for the PFO that still has not closed

surgery for a vaginal adhesion that won't heal correctly,
requiring breastmilk and the extensive needs of my
Similar cases

I am the only available caregiver for them.

’
supported compassionate release being granted to care for
s USA vs. sheena Strong case # 1:18-cr-00167HG where the
was removed from the MINT program for violating the rules
d compassioante release to care for her baby. Also, in USA
Yartizell Rodriguez, case # 3:19-cr-04693-GPC, the court
"separatio nthree months after the newborn's birth is an
ary and compelling reason justifying a sentence reduction.

of a newborn child from their mother is an extreme measure

‘n occur rarely."

part of my request is in regards to my mom, Vivian
am, being the only available caregiver for my 5 kids. She is

1d (DOB: 8/18/66) and has several chronic health issues. She |
ar dystrophy, heart and kidney disease and depression and

er health conditions, especially the muscular dystrophy make
difficult for her to take care of my kids. She has muscle

o its hard for her to pick up and carry the younger two

hange their diapers. The 4 year old, as mentioned, elopes

£ his autism and she can '+ chasae after him which makes it a

sk. Her muscular dystrophy has caused her sight to diminish

| gally blind and no longer driveSwhich makes

ifficult to get herself and my kids to their weekly appointmerts,

if an emergency situation occured, she would not be able to

ly respond or get help. Her diminshed eyesight also makes it

cere awn eh

nant+t anenra tha hahv ic erleaned well at dianer changes
lbeen Living

Case 2:21

because sh

has not be

added expe

{or 00074- TPB-K_D Document 163

9

Filed 01/02/24 Page 8 of 14 PagelD

_ 1506

can't see where-she is cleaning. Because of her health she
n able to work in 2-3:years so she has no income and has
off her retirement which has gone much quicker with the

ises of 5 children. With no income and no more retirement

|£unds she

mom,

Aidan and

has 4 out

health is
them they
be worse f

but other

‘remains wl

131, St. ¢

defendant

conflict

strength,

extensivel

school. TH

to be home

Takin

taken care
I can take
The fourth

The discre

Pt. E213 L. Ed 2d 7393 1229, 179 L. Ed. 2d 196,

during res

level through programming and completing 6 ACE classes.
tained a Il
Step Act ¢

r

san no Longer afford to care for them. including herself.
very are homeschooled. Aidan because he was being bullied

and Avery because of his health issues and anxiety about

tg 8

jis makes things even more unmanagable for her because she

ae

o£ 5 of the kids to take care of all day. I need to be able
under supervision so that I can take care of my kids and my
» care of my kids has been too much on her physically and her
worsening. Without me being able to go home to care for

may be split apart or put into the state system which would
or them. My choices have put them and.my mom through so much
than committing this crime, I am a good mom and have always
of and provided for my kids. Please approve my request so

care of my kids and my mom. |

part of my request pertains to post-conviction rehabilitation.
tion federal judges hold at initial sentencing hearings also

th sentencing modifications. In Peppers v. USA, 562 US 476,

| it was ruled

entencing that a district court may consider evidence of a

s rehabilitation since his/her prior sentencing. See Pepper.

Since being incarcerated at FPC Alderson, I have reduced my recidivism

I have main-
ow-minimum security level and have completed several First
lasses including: Drug Ed, Houses of Healing, USPO workshop,
esolution, safety orientation, Growth mindset, circle of

Parent or not to parent, Phase 1, National Parenting Program,

Women Basfic Finance, Women in the Workplace, healthier me, Understanding

Feelings.

'PFER. Resolve Workshop: Trauma in Life, Money Smart, and
Case 2:21

Calculatoyn
Relationsh
other FSA

the educat

"| Additional.

certificat
In USA v.
of a lengt
reports du
release it

3553(a). I

1
had a favo
Greenville

requested

which is W

that must

My last sj
EOL —y ey

L
|

|

rer-00074-TPB-K_D Document 163 Filed 01/02/24 Page 9 of 14 PagelD
| 1507

\

4

| ACE class. I'm currently enrolled in Threshold, Women's

|
ips, and Women Giving Back and I am on the waitlist for 18

programs. I have also maintained full-time employment through’

|
ion department as a GED and ESL teacher aide since July 2023.

ly, I have taken mail-away Bible courses and obtained

es of completion all of which are included with this request.
ivanna Yartizell Rodriguez, the court pointed to evidence
hy pretrial release period without incident and no incident
ring incarceration to support the approval of compassionate
| their decision.. This deemed her not a public safety issue

was on pretrial release for 20 months without incident and
rable report from my pretrial officer who also said the

, nc probation office could take me on under FLM if it was

{ also have not had any incident reports during incarceration

eighs in my favor under the public safety factor category

|
be considered when granting compassioante release.

upporting argument for my request is regarding my eligibility.

t

prest—ts—regarding—ay etter bi iity for amendment 821, the

Second Chance Act, and projected First step act credit under the first

step act.

2022 US L

In Carlos Concepcion, 142, S.Ct. 2389; 213 L. Ed. 2d 731;
exis 3070; 29 Fla. L. Weekly Fed. S 536 No 20-1650 it was ruled
|

that the first Step act allows district courts to consider intervening
changes if law or fact in excercising their discretion to reduce a
sentence pursuant to the First Step Act. amendment 821 part A, regarding

status po
I did rec

same depa

be lower.

request.

home conf

ae ¢) af

<A

Under the Secon

nts was made retroactive and would change my guidelines range.

sive a downward departure at sentencing which,if granted, the.

ture,my sentence would be lowered because my guidelines would
I am asking for.this to be considered when ruling on my

d Chance Act, inmates are eligible for 10%

inement under 3624c(1) and an additional up to 12 months under
\D

‘lplacement

‘|In making

up to 16.8

and should
incident r¢

4 bulletin

las a tool
calculatio
placement

3624c(2) w

my earlies

be Novembe

February 3

pre-releas

serving my

myself and

|
Case 2:21-¢r-00074-TPB-K_D Document 163

if requeste

SS SA T ae © RENEE co Fy

Filed 01/02/24 Page 10 of 14 PagelD

: 1508

months CCC placement on home confinement, halfway house or

PLM (Federal Location Monitoring) which my pretrial officer already

t

said the Gteenville, nc probation office could accept me for monitoring

d. I requested this maximum placement with my unit team

be given it as I am not a safety concern and have had no

sports. Finally, regarding projected FSA credits, there was

isent out from BOP through Trulinks in November (see attached

which explained projected credits and how they were calculated and used

Lo get inmates into CCC placement sooner. Based on this

tool and bulletin, my earliest possible pre-release

ed

ate without the additional second chance act time under
uld be August 2024. With all allowable second chance act
inder 3624c(1) and 3624c(2) and all the projected FSA credits
possible pre-release placement/transfer to CCC date would

3, 2023. With only 9 months of the possible 12 months

allowed under 3624c(2) it would put my transfer to CCC placement date

2024 (calculation sheet included). I understand

placement is serving part of my sentence in home confinement,

{

}

|

!

e

| .
halfway house, or through FLM and is still BOP custody according to
18 U.S.C 3621b and BOP program statement 7310.04. As such,I am still

;sentence and earning FSA credits,but I am able to care for

| my family which I am unable to do while in FPC Alderson.

I am therefore asking that you consider these factors as well in making

your decision on my compassioante release request.

this request for compassioante release I am in no way down

playing the seriousness of my crime. I made a terrible choice and will
suffer with the consequences of those choices for the rest of my life
in that I can no longer teach in the public school system or hold

my company|' s General Contractor license. I have also lost many =~:

rights and

abilities as a resultof my actions that I can never regain.
\\

Case 2:2

I've lost

pain.

' will never

care, and

mentally,

‘Jadministrat

humbly ask
request. I
compelling
risk of cor

care needs

both parts
that would
warrant tq

request.

brogramming!
|

1 br -00074-TPB-K_D Document 163
1509

Filed 01/02/24 Page 11 of 14 PagelD

time with my childrenand have caused my family a lot of

I deeply regret my actions and have learned a lesson that I

repeat. I have been very proactive and dedicated to

and rehabilitating myself. I am no threat to the community

and need to be able to start repaying my debt, obtain the proper medical

|

[I need to be able to care for my kids and my mom physically,

Hmotionally, and financially. I have exhausted the

to meet their needs as well as needing care for herself.

request fo
terms the

home dete!

I would a

and appro

the court

ive remedy process through bop/FPC Alderson and therefore
the Honorable court to approve my compassionate release
believe I meet the grounds for other extraordinary and

reasons given my health (which also puts me at a higher

ratracting COV||D) and FPC Alderson’ s inability to meet my

my. kids' health and their needs, and my mom's inability

In addition,

My eligibility for amendment 821 , full second chance act including

(3624c(1) and 3624c(2)), and the projected FSA credits
allow me to have already been placed in pre- -release custody

be included in the decision to grant my compassionate release

I humbly ask this Honorable Court to grant my compassionate release

r the reasons mentioned herein as well as impose any special

a <a

and my FRP is $223 per month.

court sees fit such as extended period of supervised release,

tion or FLM, mental health treatment, etc.

so like to ask the court for expedited review/consideration

al of this compassioante release request and permission to

file in forma pauperis as I currently only make $45-50 per month working

If needed I would also like to ask for

ite appoint representation for me.
!

Repeal oa

| , | Do ere y\av\23
| ,
Case 2:21, €r-00074-TPB-K_D Pocument Filed 01/02/24 Page 12 of 14 PagelD
510

RELEASE PLAN

a on

e I plan to reside at home in NC:

')

Upon relea

|
75 Hollomah Farm Rd. Farmville, NC 27828
which is the home I resided in during pretrial and was approved then
|by, probatipn. | |
I will live with my kids: Andrew Bruey (6/16/09), Aidan Bruey (7/12/11)

Avery Bruey (5/16/13), Asher Bruey (10/30/19):

and Autumn Bruey (1/21/23)

My mom, Vivian Higginbotham (8/18/66) will also live in the home with

me.
| .

I have heq/th insurance through BCBSNC for myself and my kids that the

premium was paid up before I entered custody to cover medical expenses

and copays for myself and my kids.

I will obtain employment as soon as I am able to be released and will

promptly gchedule medical appointments that I need.

I will work, care for my kids and my mom and remain current on all debt-

I have transportation as well.

\3

“CIP |

|Jim Lappan|

Case 2:21}fr-00074-TPB-K_D Document 163
| 1511

Roger Handberg

“rent Reichling ©

‘Judge Thomas Barber

Filed 01/02/24 Page 13 of 14 PagelD
4

|Amber Brue

‘Please all

Y)

Unvtor

\a\ 20/23

Case 2:21+

$45-50 per

cr-00074-TPB-K_D Document163 _ Filed 01/02/24 Page 14 of 14 PagelD
. 1512. ,

w'me to file in forma pauperis as my current income is only

month at FPC Alderson and assets have not changed at home,

Py

“i

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SHA-256

fad6fde038763e1b05e7c2956288d0c503f71c89400b0260858890804500434d

Our copy

gov.uscourts.flmd.393556.163.0.pdf

Original

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