- In 2002 I was sentenced to a mandatory life sentence under 18 u.s.c ss1959
Is in a 1 count indictment. At the time of a crime I was an juvenile, in 2012 the United States Supreme Court ruled in Miller vs Alabama that it was unconstitutional to subject a juvenile to mandatory life sentence. I filed an appeal which was subsequently granted in my favor based on my mandatory sentence of life 18 U.S.C SS 1959 only allows two penalties of life, death or a fine these are the statutory penalties. Upon me winning my own appeal I was given a public defender by the name of Katherine Mendez I specified to her thru email, and phone calls that there was to be no decision made on my behalf until I returned to Minnesota, from u.s.p Coleman in Florida. Once my travel writ was granted, sometime in August of 2013 there was a status conference held without my presence or consent in the conference. My public defender Katherine Menendez made a deal with the prosecutor that I wouldn’t challenge my conviction, however I would have never consented to something so ridiculous since I had already won my own appeal in the 8th circuit court Of appeals in the prosecutor conceded to this. This also falls under major inadequate representation, ultimately she was removed from representing me after she fed me to the system. My next lawyer would not argue against her coworker, 3 years later she became a federal judge in 2015 under duress from being held in the Minnesota county jail for so long I finally consented to being resentenced. I made multiple objections to being sentenced to a term of years that the statue calls for 2 penalties life-or-death which are both unconstitutional at this point. In time all of my objections were denied and I was unconstitutionally sentenced to 42 years. In 2010 the sentence for murder In the 8th circuit was just under 250 months 20 years and 10 months I was given double that 42 years is 504 months the racial disparities in the juvenile LWOP sentences are Stark 70% of all youth sentenced to the LWOP are children of color and in the years before Graham and Miller court’s sentenced black juvenile offenders to life imprison without parole ten times more then white offenders. The trend has worsened since Miller VS Alabama in 2012 72% of children’s sentence to LWOP after Miller were black compared to 61% children sentenced before miller, symptomatic racism and discrimination are added on and being applied. The ACLU of Michigan reports that the average life expectancy of an inmate sentence to life in prison is 58 years for an African American the average life expectancy Is 56 and for juvenile sentence to life the average is 50 and 1/2 years of life. In March of 2016 United States Vs
Under Seal 819F. 3D 715 was decided and It States a district court ordinarily has no discretion to impose a sentence outside the statutory range established by congress for the offense of conviction. The district court further observed that no authority permitted it to impose a sentence lower than the mandatory minimum provided by the statue. In doing so it rejected the government’s arrangement that ss1959 Could be exercised to permit a sentence of a term of years for a juvenile offender this shows that the judge manipulated the law to give me 42 years. Following Under Seal Vs United States Mosies Alexis Reyes Canales, US district Lexis 174108 the district court rule Reyes Gonzales is not charged and cannot be charged for murder of a victim. Because he was a juvenile at the time when the murder took place and individual may not be prosecuted in federal court for crimes committed as a juvenile. If the mandatory maximum penalties for these crimes would be unconstitutional as applied to a juvenile therefore as the case stands Reyes Canales is not and cannot be changed in federal courts for murder of victim. I will continue to fight for my freedom and post sentencing conduct Pertaining to myself as I’ve completed over 60 BOP programs and obtained my GED this is extraordinary and compelling in itself my judge says this is unremarkable.
Attorney:
Judge Patrick Schiltz
St. Paul
Minnesota
