Prison Pete

Thursday, April 07, 2005
  Just a short note.
I did not get any mail last Friday and with the three day holiday nothing arrived today. You are hopefully enjoying some skiing.

We have had several snow showers, but today the temperature was over thirty-two degrees making for some mud in the walking area. One wishes you better luck with the temperatures.

I have finally worked my way up to dealing with the "pre" work to filing my next appeal. I have enclosed a possible blog posting that clearly shows (to me) what the latest U.S. Supreme Court ruling might mean. It clearly contradicts the District Court’s ruling saying that the added time did not "count" as punishment and was within the judge’s discretion.

Since I have already served the time, the remedy I will be seeking is not to have the federal time declared illegal, but that it simply (if anything in law is simple) makes clear that the time does count as punishment. Then I would get to file the motion in NY State court and they would rule that the NY charges were double punishment and then all I would be left to deal with is the three years of federal supervised release. That is where my hope is now.

I am not sure yet if I can file the appeal without some or all of the legal work that is currently residing in the two boxes in your house. The boxes basically contain three different things: 1) personal papers; letters received and old magazine and newspaper articles; 2) legal work; consisting of copies of actual court documents and copies of case law; and 3) books.

I will still write you a specific request if I need the legal work so for now do not worry about the boxes. I may be able to use the limited resources here to get some of the case law, and not need to refer specifically to my previous appeals. I will be putting together the draft of my submission this week. Stay tuned for updates.

I am not sure if you care to print the enclosed legal note on the blog but as always I leave it up to you.
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