Pro Se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence — United States v. Dara Buck

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Case 4:22-cr-0O0065-RSB-CLR Document 66 Filed 03/06/24 Page1of14

FILED

MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR corner)! oT aT C COURT
SENTENCE BY A PERSON IN FEDERAL CUSTODY

34 ut ! any

United States District Court District cae bes mon
Name (under which you were convicted): Docket or Case No: i
Dara Buck 4 I9CROGOOS-
Place of Confinement: Prisoner No:
FOC Mderson lo¥4S-Slo
Movant V. United States of America
MOTION

1, (a) Name and location of'court that entered the judgment of conviction you are challenging:

US District Court Southern Distice of Georgiq

Savanna h
(b) Criminal docket or case number (if you know): at ad CA 6O0 ”) 5 “|

2. (a) Date of the judgment of conviction (if you know):
(b) Date of sentencing: 5 AYoral Uar 4 202 %
3. Length of sentence: H+ MOorHS

4. Nature of crime (all counts):

1 counr of Conspiracy - Fraud

5. (a) What was your : (Check one
(1) Not guilty o) Guilty VI (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
indictment, what did you plead guilty to and what did you plead not guilty to?


Case 4:22-cr-00065-RSB-CLR Document 66 Filed 03/06/24 Page 2of14

6. If you went to trial, what kind of trial did you have? (Check one) Jury |_| Judge Only XM

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 C] No xX

9. If you did appeal, answer the following:
(a) Name of court:

(b) Docket or case number (if you know):

(c) Result:

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

(c) Citation of the case (if you know):

(f) Grounds raised:

(g) Did you file a petition for certiorari in the United States Supreme Court? Yes [| No XK]
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 judgment of conviction in any court?

Yes CI No Ix

11. If your answer to Question 10 was “Yes,” give the following information:

(a)(1) Name of court:

(2) Docket of case number (if you know):



Case 4:22-cr-00065-RSB-CLR Document 66 Filed 03/06/24 Page 3 of 14

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

(4) Nature of the proceeding:

(5) Grounds raised:

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

Yes ] No XI

(7) Result:

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

(b) If you file any second motion, petition, or application, give the same information:
(1) Name of court:

(2) Docket of case number (if you know):

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

(4) Nature of the proceeding:

(5) Grounds raised:

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

(7) Result:

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

(c) Did you appeal to a federal appellate court having jurisdiction over the action taken onyour motion,
petition, or application?

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



Case 4:22-cr-O0065-RSB-CLR Document66- Filed 03/06/24 Page4of14

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.

GROUND ONE: Validity ok Conviction

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim):
My OFROTNR aid nor have JUN is dl ction +0
Feeresent me in the Stare of Georgia

(b) Direct Appeal of Ground One:
(1) If aN from the judgment or conviction, did you raise this issue?

Yes No [x]

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

(c) Post-Conviction Proceedings:
(1) Did you raise this issue in any post-conviction motion, petition, or application?

Yes [| ‘No

(2) If your 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):

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

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

(5) If your answer to Question (c)(4) is “Yes,” did you raise this issue on appeal?
Yes [| No


Case 4:22-cr-0O0065-RSB-CLR Document66~ Filed 03/06/24 Page5of14

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

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

Docket 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 issuc:

GRounD Two: Tene Sfecnve Counse|

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim):

Please see cittachment

(b) Direct Appeal of Ground Two:
(1) If you appealed from the judgment or conviction, did you raise this issue?

Yes | 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

(2) If your 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:



Case 4:22-cr-00065-RSB-CLR Document 66 Filed 03/06/24 Page6of14

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):

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

(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 this issue on appeal?

Yes 7 No Xl

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

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

Docket 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:

GROUND THREE: Se AkenAce Dis Par it

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim):

Please See attachment


Case 4:22-cr-O0065-RSB-CLR Document 66 Filed 03/06/24 ‘Page 7 of 14

(b) Direct Appeal of Ground Three:
(1) If you appealed from the judgment or conviction, did you raise this issue?

Yes | 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 r | No

(2) If your 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):

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

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

Yes | No Ml

(5) If your answer to “No Bal is “Yes,” did you raise this issue on 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 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 4:22-cr-00065-RSB-CLR Document 66 Filed 03/06/24 Page 8 of 14

(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 FOUR:

(a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.):

(b) Direct Appeal of Ground Four:
(1) If chen from the judgment or conviction, did you raise this issue?
Yes 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

(2) If your 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):

(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


Case 4:22-cr-00065-RSB-CLR Document66_ Filed 03/06/24 Page 9 of 14

(5) If your answer to Question (c)(4) is “Yes,” did you raise this issue on 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 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 whyyou did not appeal or raise
this issue:

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:

None

14. Do you have any motion, petition, orappeal now pending (filed and not decided yet) in any court for the
judgment you are challenging? Yes [| No

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

15. Give the name and address, if known, of cach attorney who represented you in the following stages of
the judgment you are challenging:

(a) At preliminary hearing:

(b) At arraignment and plea:

(c) At trial:



Case 4:22-cr-00065-RSB-CLR Document66 Filed 03/06/24 Page 10 of 14

(d) At sentencing:

(c) On appeal:

(f) In any post-conviction proceeding:

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

16. Were you sentenced on more than one count of an indictment, or on more than one indictment, in the
same court and at the same time? Yes [| No IN

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

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

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

(c) Give the length of the other sentence:

(d) Have you filed, or do y ou 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 limitation as contained in 28 U.S.C § 2255 does not bar your motion.*

(see below)

Please See attachment

*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 limitations 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 notion created by governmental action inviolation

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;

10


Case 4:22-cr-O0065-RSB-CLR Document 66 Filed 03/06/24 Page 11 of 14

(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.

Therefore, Movant asks that the Court grant the following relief: VAc AT E

or any other relief to which movant is entitled.

Signature of Attorney (if any)

I, declare (or certify, verify, or state) under penalty of perjury that the foregoing is a5 and correct and that
this Motion Under 28 U.S.C. § 2255 was placed in the prison mailing system on lo, 20ay

(month, date, year)
Executed (signed) on 2/ lO |r) Y (date)

(no Rrek

Signature of Movant

If the person signing is not movant, state relationship to movant and explain why movant is not signing this
motion.

1]


Case 4:22-cr-0O0065-RSB-CLR Document 66 Filed 03/06/24 Page 12 of 14

TRULINCS 10895510 - BUCK, DARA - Unit: ALD-A-B

FROM: 10895510

TO:

SUBJECT: MOTION UNDER 28 U.S.C 2255 TO VACATE
DATE: 02/27/2024 02:59:50 PM

12(a)

Ground 1- VALIDITY OF CONVICTION

My attorney did not have jurisdiction to represent me in the state of Georgia.
Ground 2-INEFFECTIVE COUNSEL

| was never provided a copy of my PSR nor was it ever thoroughly reviewed with me. | was never told about my discovery nor
did | ever see it. | was never allowed to read or review my plea deal. | was never offered a safety valve. When | asked about the
information in my plea deal prior to signing it, | was told it was in my best interest for my family to just sign it. | asked to take my
case to trial but | was threatened with a 20 year sentence. After my sentencing | asked to appeal my case for 13 days straight.
My lawyer did not acknowledge me until day 14 saying he saw no reason to appeal anything. After my self surrender | was not
able to make any contact with my attorney for the entire nine months of my time served to date. All deals made between my
attorney and the prosecution team was done without my knowledge. | was told that | was taking a plea deal for helping my
husband and several others to commit fraud. After reviewing my PSR in prison it states | took a guilty plea for a leadership role |
had no knowledge of. | provided all evidence for the persons responsible for the leadership roles in my case. On the day of my
sentencing, the prosecutor that worked my case had only been assigned for five days due to the other prosecutors leaving the
case. | never had a fair chance at sentencing.

Ground 3- SENTENCE DISPARITY

There were 178 names to be tried in my case but | was the only person charged and convicted. | was discriminated against and
targeted for being a service member. When | asked my lawyer why no one else was charged, he stated that | was the easy
target and that's just the way it is. The judge said he intended to make an example out of me.

18 Timelessness In Motion
| have tried making contact with the attorney that | hired for 10 months with no success to file an appeal. | contacted the public
defender for my county in December 2023 and he informed me that he could not assist me since my case is federal. January 5

2024 would make a year since my sentencing and the public defender did not respond to my request until January 19 2024. |
am now filing without legal representation since my federal attorney has failed to continue representation.

(ro. Croth


Case 4:22-cr-O0065-RSB-CLR Document66~ Filed 03/06/24 Page 13 of 14

*

nis

_ Q-AT-3Ay

~~,

“ Lo led for fet Compassionate release. jn Decembe 093
_ due te the incapactehon of my family member's care giver.
_ To date TC hae for received a response. M thutolcen
om will Soon be facing _hemelessnesSe Please provide an

a Kpdate or response to My VkGUE St.

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laeal

Ta]

=_

- LDL also filed for the tuo level reduction _be/ng

a Zero. point Offender. L have not received a response

aa fir that 2ither. Please provide Gn update to

an fAjs motion.

Quis eee

[0 €9S- S/O

>> FFIFIIIIIIIII> DE DD DDD


Dara Buck 1O&78-5/0

Federa\ Prison Camp
Ad- S&L
Glen Rovy Rol, Bow fr

U.S. Marshals Services/SGA

10695-5102
Clerk Of Court
"= PO BOX 8286
Savannah, GA 21402
United States

FOREVER/USA

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