BeenArrested4Pot said:
I wonder how things would have turned out if you left the broad constitutional arguments alone.
The exact same thing - a plea agreement would have been signed (last year, around August...) and I wouldn't have anything solid to stand on right now.
As many have told you, your points were vague, conceptual, for example most started with things like "That's b.s....." ,
How's this for conceptual...
Congress has attempted to remove the right to control one's property from one's property rights by enacting the Controlled Substances Act.
The right to control one's property is firmly established in caselaw and is necessary for ordered liberty; if one has no right to possess or use his property (that which he owns), nor distribute it, he has no property rights at all.
Budd v. U.S. makes it clear that the right to control one's property is vested in their ownership thereof.
Congress makes a claim to one's property without ownership of the property - Congress has no authority to make such a claim. Without ownership of a certain property, Congress may not control that property.
This claim - that Congress can choose how one's property is to be used, for the benefit of "society" or "national interest" is fraudulent - No one has a right/power/authority to force another to use their property against their will for the benefit of the demanding party, nor prevent them from using their property as they choose so long as the person raising the complaint is not harmed by its use.
As all privileged powers of Congress are derived from the rights of the people, it is impossible for any such power to have been passed to Congress; no right to control another's property against their will exists - preventing use or possession - and depriving them of their property by force is armed robbery.
Congress does not have the authority to commit crimes against the people, nor may it authorize anyone to do so. Violent liberation of one's property from their possession is armed robbery, no matter what authority it is done under - unless it it taken in self defense. (Disarming an aggressor.)
Again, I refer to
Budd...
That property which a man has honestly acquired he retains full control of, subject to these limitations: First, that he shall not use it to his neighbor's injury, and that does not mean that he must use it for his neighbor's benefit; second, that if the devotes it to a public use, he gives to the public a right to control that use; and third, that whenever the public needs require, the public may take it upon payment of due compensation
The 5th amendment supersedes any enumerated power of Congress - it doesn't matter what reasoning Congress uses, they may not deprive anyone of their property rights without due process of law - rights of property include both possession and distribution RIGHTS, not mere privileges - and rights cannot be licensed to the people by the government (Shuttlesworth v. Birmingham)
Making it "illegal" for one to "possess or distribute" - to control - that which one owns is deprivation of his most fundamental property rights - and no legitimate pursuit of government may violate those fundamental rights.
Does it still sound half baked and conceptual, or does it sound fairly solid at this point?
Four years will fly by, I did not read the entire thread- was four years your total sentence or do you hope to be out in just four years?
Sentencing is October 20th at 3PM.
I won't know for sure until then. The plea agreement places me at offense level 23 with the prosecution recommending the low end of level 23 - that's 46-57 months, low end being 46... or 3.833 years.
You're right - it's no time at all - especially considering that the plea is conditional - I still get to appeal.
I'll be going to the 9th circuit to raise what I've said above, challenging the Judge's ruling from 2 months ago refusing to dismiss the case.
I'm not done fighting - far from it.
Thanks for the luck and support.
Walrus - I'm not very informed on "INSIDE" procedures; I've devoted myself to studying the law.
I know the federal prison system has its own method of reducing sentences, and I was under the impression that it didn't cut much time off - you could only earn about 5 days per month served.
I do need to start looking into this - as it's going to be applicable sooner than I'm really believing - but I was putting working on the appeal and what to say at sentencing first.
I'll have 4-6 weeks after sentencing to get ready before I report in. At that point, hopefully the initial brief will be finished, and I'll have it submitted to the 9th circuit.
That's the time I'll be saying good-byes, collecting addresses, and learning what I need to do inside to ensure I don't get killed
Any input is great - it gives me things to think about, raises more questions, and can help me figure things out quicker - once I start looking to have those questions answered.
At this point - that course of action would be admitting defeat. I'm not at that point yet; the plea was entered under duress - assuming I am correct in my beliefs that the government was/is operating unlawfully (unconstitutionally).
If that's the case, the plea doesn't stand, nor must I serve any sentence imposed by the courts.
It's going to make for an interesting sentencing hearing when I call for the court to recuse itself and/or dismiss the case for fraudulent claims, criminal bias against me, and the continued conspiracy against my rights.
At which point my parents (assuming the date isn't changed and their flight schedule DOES get them here for sentencing) will grab me, tell me to shut up, and be held in contempt...
Or my attorney will.
Either way - I'll be asked to address the court with anything I have to say...
And I intend to say it.
