The Beginning

I have a story to tell...

While home on leave a Navy Seal helped save a police officers life by the name of (Robert Collins). After service for his country in the Navy Seals, He returned to his home town only to find the police officer (Robert Collins) who he had saved was humiliated by the navy seal because the seal was telling people about the story of how the police officer had to be saved. The police officer Collins began to warn the seal on many occasions when he would catch the seal out in public to keep his mouth shut about the incident. The police officer Collins told him if he couldn't keep his mouth shut, that he would shut it for him. This started the 28 years of harassment by, local, state, and Federal Law Enforcement.

Over the course of the next few months return to this story on my blog..

The SET-UP

It all started in 1983 when this local police office that had a grudge against this man that had been in the navy seal program. The Seal was living in Nottingham apartments and one day came home to find that the local Hendersonville, Tennessee police had convinced the maintenance man of the apartment to go into the seal’s apartment while the seal was not home and search the apartment. The seal came home and found the man still the apartment going through the seal’s belongings, not knowing who the man was the seal ran to his gun rack and grabbed a shotgun to confront the intruder. The intruder and the seal started struggling over the shot gun, the seal released the shot gun and grabbed a loaded rifle on the gun rack. The intruder then ran out of the seal’s apartment with the shot gun in hand. The Hendersonville Police came to the seal’s apartment and talked to the seal.

The seal was upset so the police convinced the seal to talk to a doctor by the name of Dr. David Jefferson at Hendersonville Hospital about what was going on. The doctor told the seal it was ok to tell him anything because everything said was in confidence and would not go any further than his office, although there was a Hendersonville policeman in the room by the name of (Terry Frizzell) who heard the whole conversation. The seal made statement’s that were supposed to be private and confidential. But the Hendersonville police wanting what was said in Dr. Jefferson’s office public, so they came up with a plan to make the statements part of an official document.

Terry Frizzell the Hendersonville police officer, also worked when off duty as a security guard at the local Hendersonville Hospital. The next day the seal went to the police to get back his shot gun the maintenance man had taken and the seal retrieved the gun from the Hendersonville Police. The same day the seal had an appointment to see the same doctor Dr. David Jefferson he had seen the day before. While waiting to see the doctor the seal was standing and talking to a friend of his in the front lobby of the Hendersonville Hospital. Terry Frizzell saw the seal so he came up with a plan and he coerced a woman that worked there at the Hendersonville Hospital by the name of (Norma Elzy) into filing a report saying that she had over heard the seal say he was going to take on the Hendersonville’s SWAT team called H.E.A.T. Hendersonville Essential Action Team.

A few days later the seal had gone to a local gun show. While at the gun show the seal sees the Hendersonville Police officer the seal had saved. The seal had no idea he was about to be setup. The Hendersonville police officer along with a friend ATF agent by the name of (Julian C. Bomar) arranged for the seal to purchase an AR-15 weapon from an individual who was a (CI) confidential informant. The weapon had been converted to fully automatic without the seal’s knowledge. Upon taking the weapon out into the country area where the seal lived the seal test firing the weapon, the seal discovered the conversion to fully automatic. A local resident by the name of (Wayne Causey) lied and said he saw the weapon after the seal was leaving the area where the weapon had been fired and filed a John Doe warrant for a man with the seal description and a warrant was issued with the seal, and the seal was arrested. A bond hearing was held and the seal told the judge that this was all a grudge and orchestrated setup and that all the charges were fabricated by the humiliated officer Named (Robert Collins). Officer Collins denied everything even that the seal had saved his life until the seal produced the police commendation award that was given to him by chief of Hendersonville police (Walter G. Toon) with the backing of the total city officials. Including the Mayor, Vice Mayor’s, city Judge, city Manager, city Attorney, city Commissioners and supported by the Backing of the commendation by all the local Law Enforcement authorities of Hendersonville Tennessee for saving the local officers life.

The seal made bond and through a serious investigation it was discovered that the local police officer (Robert Collins) that had the grudge was plotting and working with the regional ATF (Alcohol, Tobacco, Firearms) agent (Julian C. Bomar) of that district had spotted the seal at the gun show and purposely targeted him for a setup. Using a (CI) (Confidential Informant) that was in trouble with the ATF, the ATF agent (Bomar) and the local police officer Collins had the (CI) approach the seal and offer to sell him a firearm at a ridiculously low price that no one would turn down, basically entrapping the seal into purchasing a illegal weapon, giving the ATF grounds to arrest the seal for “possession of an automatic rifle”. The setup was discovered and the (CI) was pressured into telling the truth and the charges for possession of an automatic rifle were dropped by the state and federal authorities, but because the local police officer still had a grudge against the Navy Seal for embarrassing him the local authorities charged the seal with "carrying a gun with the intent of going armed", which in the state of Tennessee is a misdemeanor and the seal was convicted and sentenced to 1 year supervision. An attempt to receive pre-trial diversion which basically, wipes a record clean was denied by Sumner County Prosecuting Attorney (Ray Whitley). Ray Whitley the prosecutor on the case manipulated a report to the court lying about the seal to the court. The judge denied the pre-trial diversion and threw out the request. The seal was forced into 1 year of supervision on the misdemeanor. Little did the seal know that the government had other plans for him and the wheels were in motion to setup the seal on another setup.

In 1984 an high ranking man in the city of Hendersonville that worked in the legal system with the local authorities that knew the seal most of his life, approached the seal to tell him he was being watched and followed by Law Enforcement and that they were following him on there own time and that there was no real official investigation being conducted, they were just following him and watching him to harass him and with hopes to setup him up the first chance they had. The seal now being aware that he was being illegally investigated and that it was total harassment and that this was a total violation of the seals constitutional rights, the seal decided to teach the law enforcement officers a lesson. One evening just after dark the seal quietly went out of his residence and crawled around the ATF officers car (Julian Bomar) and unscrewed the valve stems on the mans car tires to let the air out of his tires with the man sitting in the car. This angered (Julian Bomar) with the ATF Law Enforcement officer so much that the agent then picked a time to ambush the seal thinking he could physically assault and beat up the seal, the agent caught the seal in a blind alley and “sucker punched” the seal, the seal fought back and the agent spent the next few days mending his injuries. This was the major start of the persecution from Federal Law Enforcement.

In 1985 the situation has escalated to where the (Julian Bomar) with the ATF Federal Law Enforcement now wanted a piece of the seal, but knew they had better disarm the seal, because of fear of retaliation, the government started rumors about the man. Rumors that even had his closest family and friends were questioning. Although, everybody knew the seal or at least thought they knew him. In those years in the mid 80’s everyone believed that Law Enforcement wouldn’t set anyone up and basically break the law themselves, but they were wrong. The strategy was to disarm the seal, trying two different methods. First, charge and get him convicted through a setup with another felony charge, if that didn’t work they would try to make him look crazy or at least mentally ill. As you may or may not know, you cannot posses a weapon if you have a felony conviction or a mental illness. So in 1985 the ATF agent (Julian Bomar) with the assistance from his fellow agent (Charles “Chuck” Lowe) proceeded in a major conspiracy to entrap and setup the seal. The seal was approached by another (CI) (Vincent Leonardo) working with the ATF, the seal had no relationship other than one meeting and encounter with this (CI). The (CI) one day started calling the seal telling him he wanted some grenades and the seal told the (CI) he didn’t have any or know where to get any. Finally the (CI) started calling the seal on the phone multiple times until finally the seal had been harassed so much he said finally fine, the seal had enough of the harassing phone calls so just to get the man off his back, the seal said he didn’t have any real grenades but he could get him some fake grenades, the (CI) said that was fine as long as they looked real and a time and place was arranged to meet and the (CI) would pick-up the fake grenades. The seal feeling that something strange was going on and this was a setup again went to the (CI)’s place of business address just before the meet and observed the (CI) with an undercover agent (Charles “Chuck” Lowe) with the ATF.

The seal had 4 dummy grenades, and thinking the joke would be on them since the grenades were dummies went ahead with the dummy grenade deal. Even though they were dummy grenades what the seal didn’t know was they were going to charge him on a conspiracy charge, even though they weren’t real explosives just dummy grenades they charged the seal with “possession of destructive devices”. The seal was arrested and a Federal Public Defender by the name of (Donald Dawson) was appointed for him as his attorney, In the federal law that was 10 years per count. The seal was looking at 40 years of incarceration. The seals attorney convinced the court to send the seal to a local VA hospital and there they diagnosed the seal with PTSD (post traumatic stress disorder), the seal was then released on 5 years of probation, and but since the Federal judge Thomas Wiseman was in fear of the seal ordered that the seal be drugged to control the seal, the seal was court ordered to take heavy injections of a powerful drug called “Prolixin”.

Once again the local, state and ATF Federal Law Enforcement was unhappy because the seal was back walking the streets. For the next 3 years the Powers that be would follow the seal no matter where he went. Every job the seal would get they would walk into his employer and get him fired. For instance, in 1986 the seal took the civil service exam and passed and was at the top of the list for positions with the U.S. Post Office. The seal was hired as a postal clerk and was doing real well, but after some time the Law Enforcement found out where he was working and the Postal Inspectors and FBI came and fired and escorted the seal off the premises. No matter how hard the seal worked they would fire him. The seal even had a family friend hire him and said he would protect the seal and he had job security, but one day the law just drove right up and threaten the personal friend and once again the seal was fired. There theory was if he couldn’t do something legal he’ll eventually turn to do something criminal and they would be there to lock the seal up once again. In 1988 one of the seals old commanders (Captain Larry Bailey) who wrote the book (Stolen Valor) called the seal and said he needed back in the seal and to get him away from Nashville and the Hendersonville. Captain Bailey called the seals attorney (Donald Dawson) and said that before President Ronald Reagan got out of office Captain Bailey would get the seal a Presidential pardon from president Ronald Reagan. The ATF got wind of this and working with the seals attorney (Donald Dawson) started to setup the seal again.

Since the seal was not a criminal and never fell for anymore of there entrapment setup’s the law enforcement authorities decided to entrap him another way. These cowards started going to his friends and family and started setting them up on illegal charges and telling them that if they would help them setup the seal they would drop the charges on them, they said that what they really wanted was the seal. Also if they went to the seal to warn him of what they were doing, they would charge them with “obstruction of justice” and lock them up.

In 1988 the seal was approached by a friend (Randy Horton) to go somewhere to get something to eat. The seal had no idea this was a setup. Upon going to the restaurant the friend of the seal supposedly met a man in the (Pargo’s) restaurant that had counterfeit currency (John Michael Carnicle) and worked up a deal with the seals friend behind the seals back. The truth is the man (John Michael Carnicle) came from Salt Lake city, Utah and was working with the Secret service agent by the name of (Lynn Holliman) and was given the counterfeit money to bring to Tennessee the state and city the navy seal lived in. The setup including meeting up with the seals friend (Randy Horton), the seals friend was working with the secret service in Nashville Tennessee with a agent named Michael Keen and the full help of the Sumner county law enforcement a man named (Don Badencour and Jerry Blair) to help entrap the seal, what happened next the seal was by basically guilty by association, he would be the only one arrested that day on counterfeit charges. The seals attorney (Donald Dawson) arranged for the seal to be evaluated but the government this time the government wanted the seal in custody and the evaluation done at one of the government’s federal prisons (FCI Butner) in North Carolina.

So the seal was sent for what was known as 18 usc 3552 (b) a 30 to 60 day study, the study actually lasted almost a year. In the mean time the ATF was fabricating and building a case involving explosive’s against the seal even though they found no explosive on the seal. The ATF caught a man stealing explosives and told the man who was stealing the explosives, we know you know are acquainted the navy seal and told him they wouldn’t charge him if he said the navy seal told him where and how to steal the explosives. Basically they told him, “we don’t want you, we want the navy seal just tell us he told you how to steal them”. The man that stole the explosives never saw a day of jail but said stealing explosives was the seals idea. Once again the seal was charged with “receipt of explosives by a convicted felon”. The Seal was incarcerated in the late 1980’s, the seal claimed the whole time that it was a total setup but no one believed him, not even his attorney, family and friends. The seal asked his attorney to file a court order asking the court for a time cut based on some facts, but his attorney refused. Finally, the seal convinced his father to do some basic research on his case, the seals father said that if the seal was telling the truth, the seals father said if his son the seal would type up the court order for the time cut he would personally walk the court order to the court clerks office and file it for him. The seals father filed the court order in 1990. The head of the Federal Procecutors (Joe Brown) office told the seals father that if the ATF went along with the time cut he would give him the time cut. In 1990 the seals father went to the head quarters of the ATF and spoke to a man by the name of (Cummings Batey) and asked for the time cut. The ATF director said that if the seal would give his word not to play with there agents anymore he would agree to the time cut and gave the governments word they would leave the seal alone. Also, 2 agents (Howard Henderson Morris) also known as “Butch Morris” and a “Jeffrey Kling” with the TBI (Tennessee Bureau of Investigation) gave the word of the state and spoke for the other state and all county law enforcement agencies and gave there word as well that they would leave the seal alone from there on out. The seals father called FCI Butner and the seal was called to his counselor’s office to take a call from the seals father. The seals father told the seal of the deal and the agreement he would need, and the seal agreed to the deal. So an agreement was made and the seal promised his father to keep his word to leave them alone as long as they kept there word to leave him alone.

The head of the Federal Procecutors (Joe Brown) office who had told the seals father that if the ATF went along with the time cut he would give him the time cut, Lied and refused to give the seal the time cut and the seal did the time on 2 charges and after several years in federal prison was released in December 1991. Even though the seal was not given the time cut they had promised the seals father told the seal to at least show them that the seal would keep his word. The seal promised and gave his word to leave the agents who he always saw following him alone, but the seal said he would keep his word until they broke there word about not bothering the seal anymore. The seal had a code of ethics that he would never break his word unless he could prove with evidence that they were not keeping there word.

In 1992 the seal was released from prison and at this point the seal just wanted people to leave him alone. The seal was on 3 years of supervision and he never caused anyone any trouble. The seal found relationships difficult and strained by the pressures from the law enforcement. Even dating women became strained; several times the seal would have good relationships with women. The seal never had a fight or an argument between him or the women, still they would tell him they no longer wanted to see or date him because they were approached by and spoken to by law enforcement and were told they should stay clear of the seal if they didn’t want to end up in prison, like what they were going to do to the seal.

Navy Seals are multi talented men who can do almost any thing they put there minds to. So the seal being a talented man, decided to fall back on one of his many talents, one being a Dog Trainer. The seal would train dogs for people with the proceeds going to volunteer programs. For many years he trained dogs and tried living quietly, but law enforcement never gave up. They found out what the seal was doing for work with volunteer search and rescue teams. When the Law Enforcement saw that once again the seal was trying to making himself look good to the community and his friends. The law enforcement didn’t like this so they started to setup the seal once again.

During the time between 1992 and 2001 the Seal besides working with the volunteer search and rescue teams he also started working to improve the community, the seal lived in. Working with his local councilman, he personally put together a petition for the city to have a community recycle facility built, new sidewalks for the local elementary school as well as a new elementary school built for the children, Neighborhood watch program, he was also instrumental in having the local roads worked on and he also worked with a local veterans group to help disabled veterans. But this didn’t stop the law enforcement they just wanting to go after him just that much harder.

One day on or about the first of 2001 the seal became very physically sick almost to the point of death. The seal didn’t want to close down the dog training business because of what the business was doing good for the community and decided to have someone from one of the search teams that he worked help him. He asked someone he thought he could trust, to move into his residence and help to train the dogs so they could help support the volunteer search and rescue teams. Law enforcement saw this as an opportunity; the law enforcement planted this man in the seals home and started working with the man that was living in the house with the seal. The person the seal asked to help was on the volunteer search and rescue teams so he thought everything was alright, little did the seal know that this once again this was all a setup. The person who moved in was constantly trying to get the seal to do unlawful activity, but the seal just played it off and refused each time he was approached. Another reason to move the man into the seals home was to control the many attack dogs the seal had trained to protect him. One dog that lived in the house and several that guarded the outside fenced in area. That way on the day of the arrest the former live-in roommate would be able to control and secure the dogs without anybody getting hurt.

In April of 2004 the live-in friend started living at another residence with a woman, although he still had keys and access to the seals house since he still worked there everyday. One day in 2004 the seal discovered a lot of money was missing that was meant for the volunteer search and rescue teams. The seal spent weeks trying to figure out who and how the money was being stolen; finally the seal figured out the former live-in friend and employee was stealing the money. The seal called a good friend and told him of the theft and asked for advice and what he should do. Slowly over time the seal was making his way back to being healthy again. Since the seal was just getting over the life threatening illness it was decided to wait till the seal was 100% back on his feet before confronting the former live-in friend. Finally after a long recovery the seal got back on his feet and was back working 100%. The seal decided to now let the former live-in friend go.

The week the seal was going to fire the former live-in friend, law enforcement some how was aware of the seals plans and what the seal was going to do. Just 2 days before he was going to fire the former live-in friend, law enforcement knew what was going to happen and was prepared. In late September 2004 the seal was going to a doctors appointment, after leaving his residence driving down the road the seal was pulled over at gun point by local law enforcement officers, while the seal was being handcuffed and placed under arrest, 2 Federal ATF agents drove up and ran up to the seal and said they had a warrant to go back and search the house. The agents drove the seals vehicle back to the seals house and the seal was transported back in a police car in custody. Since the former live-in roommate still had access to the residence, the former live-in roommate of the seal a couple of days before the arrest had brought weapons into the house without the seals knowledge, the seal was charged with “Felon in possession of a firearm”. Even though the weapons were legally registered to the former roommate and in a locked gun safe, the seal was charged because the government said he still could have had access to them, even though he didn’t know they were in the house.

Most people don’t understand the legal system, once the government starts a case against you, you are no longer innocent until proven guilty, and it’s the other way around. You’re guilty till you can prove your innocence. Otherwise, the government would allow you to make bond. Instead they arrest you and trump up fabricated fictitious reasons not to let you out of jail to defend yourself.

They do this because the government knows that most people’s families are so busy just trying to work and make ends meet. Working and trying to make money to take care of there families that the additional stress and strain, mentally, physically and most important of all financially, you cannot get your family to help in your defense. In most federal cases the cost is so high the defendant has to be appointed an attorney to defend him. Almost 100% of the time the attorney comes from the federal public defenders office.

Private attorney’s on most federal cases the attorney’s starting fee’s start at $20,000 minimum and go up from there. Also, it’s hard to find an attorney who is familiar with the federal system and there laws. In the federal system it’s a complete railroad job. Even if you find an attorney to take the case they are working hand in hand with the government to help them secure a conviction. If you force the government to going to trial they will convict you regardless of how innocent you are and they will give you the maximum on each count, in most cases over 20 years minimum or more, regardless of how innocent you are. So taking a plea is the only option you have, if you don’t want to spend the rest of your life in prison, most of the time a plea agreement ranges from 2 to 6 years in a federal prison.

The attorney that was appointed on the seals case in 2004 was (Jay Steed) who worked for the Federal Public Defenders office and he was a setup, he recused himself immediately off the case. (Recusal means that he finds himself prejudice) Jay Steed also recused the whole public defenders office. The attorneys at the federal public defenders office are highly educated in federal law where private attorney’s are not. Since the recusal the seal was faced with being appointed an attorney I guess what you would call “pot luck”.

The government then appointed the seal an attorney named Jennifer Thompson that had limited experience in the federal law and the federal system. In 2004 this attorney that replaced jay steed played games with the seal. The woman attorney was constantly working against the seal by working hand in hand with the federal judge, prosecutor and ATF agents.

The agents entered the seals home with a warrant based on a law known as the “good faith exception rule”. Although the (CI) was a major criminal with a huge criminal history the Judge signed the warrants without reading them. The judge who signed the warrants was (Judge Magistrate Joe Brown), who used to be the head of the U.S. Attorney’s office. Years before the seals father had taken a legal motion a rule 35 to Joe Brown in 1990 to get the seal released from jail. The judge and the seals father almost came to physical blows right in Joe Brown’s office because he lied to the seals father. The day of the seals arrest the (Judge Magistrate Joe Brown), now reads the warrants and immediately recused himself off the case after reading the warrants, basically reading rubber stamping documents without reading them first. Otherwise he wouldn’t have signed then because on the day of the arrest after reading them he said “I might have known the seal from years earlier when he was U.S. Attorney;” Even though this judge was still the judge who signed the warrants. Remember if he was prejudice the day of the arrest the judge was prejudice the day he signed the warrants. This again was just pay back by the legal system to the seal, Judges are suppose to be neutral and detached. The Seal tried to get a hearing for non-neutral and detach, also for rubber stamping documents, which is illegal. The seal tried many times to get his attorney to subpoena his father but they never did to testify about the incident from years earlier and that Joe Brown still had a grudge from years earlier.

The Seal was appointed Judge Thomas Wiseman as his Judge but Judge Wiseman Recused himself from the case, and the seal was appointed Judge Aleta Trauger.

The government set the seal up by saying they had a (CI) confidential informant had been in the seals house, back yard and basement, and the shed. This (CI) said the seal had shown him a weapon and that the (CI) identified 6 gun barrels and 2 gun stocks in the shed. They also acquired the warrant based on a conversation that the (CI) and the seal had one day at the seals home standing under the car port while the former roommate was on top of the car port high pressure washing it off. Although they could barely hear the conversation because of all the noise the government relied on the “good Faith exception rule”. When the (CI) came back to the agents they said they could barely hear what was being said and for the (CI) to them what was said because they couldn’t hear, so the (CI) told them some fabricated tell of what was said.

The seal was moved and housed at a county jail facility in another state a 3 hour drive from his state and court. This was so he couldn’t have access to local calls or visits to help prepare a defense for him. He was also denied access to the legal library. Out of the 22 months the seal was incarcerated at that facility they kept him in isolation for over 16 months of the 22 months he was there, trying to force him to take a guilty plea. The seal also had some major medical problems going on and the U.S. Marshals and the jail staff also denied him medical treatment.

During the first months in 2005 the government said they had this taped conversation but they would never produce it. Finally under much pressure they came to court and said they had the taped conversation made from a belt buckle camera and audio system, but that during removing the device from the (CI) the tape was damaged and couldn’t be transferred or seen in the same format that it was recorded. The (Judge Aleta Trauger) said to the prosecutor Darrell Stewart; well let’s not let that happen again but the judge still allowed the tape as evidence.

The seal demanded the tape be thrown out for being tainted evidence, but his attorney Jennifer Thompson refused and never brought it up to the court. But the seal still wanting to show he didn’t say the things the (CI) said, so a copy of the tape was provided on VHS, the seal had his attorney have an expert take some of the background noise out and then transcribe it onto paper for the court. The transcripts did show the seal did not say anything illegal to the (CI).

The (CI) was making all kinds of accusations that the seal wanted more weapons and also wanted to kill people. But the transcript showed none of that, in fact the tape showed the seal said nothing criminally wrong. The seal had the (CI) subpoenaed to court on 2 separate occasions but both times the (CI) never show up. The second time the Judge asked who is this man we were subpoena was and my attorney got on the computer and remember the (CI) was wearing a belt buckle camera which showed the (CI) walking up in front of the seals front glass storm door and it was like a mirror, the seals attorney said to the judge that man in the reflection has been Identified as Allison Lynn Brewington the (CI). The judge then said what you want to ask him and based on what my attorney said to the judge and since my attorney was a little vague the judge said it wasn’t good enough to have the (CI) come in. But the seal had instructed the attorney not to answer any questions the judge might ask about the (CI) so for answering the judges questions the seal fired his attorney. Now keep in mind that the (CI) never even came to court which is contempt of court since he had been subpoenaed by U.S. Marshals, so the judge should have at least arrested him for violating a court order, for not showing up under a federal subpoena, but she never did.

One month later in 2005 the seals mother hired an attorney named Kimberly Hodde. This again was a complete setup. This woman attorney was constantly working against the seal by working hand in hand with the federal judge, prosecutor and ATF agents.

She used scare tactics to get the seals mother to hire her and the seal was totally in that attorneys face for scaring his mother like she had done, when she came to visit with the seal. She tried scaring the seal with B.S. law which didn’t apply, but the seal had done his homework and knew what he was facing, the seal was already prepared for her and basically put Ms. Hodde in her place. But since the seals mother had power of attorney over his affairs and had already paid Ms. Hodde the seal figured it didn’t matter who was his attorney he was going to do jail time regardless. So he kept Hodde on as his attorney.

The seal wanted more motions so he could show his innocence to the court but Attorney hodde working with the government had other plans. She refused to file any motions and told the seal the (Judge Aleta Trauger) wasn’t going to hear anything else. The seal was given a choice in late 2005 go to trial or take a plea. The government was offering 6 to 7 years although the sentencing guidelines showed the seal to be a level 14 which was 15 to 21 months. The seal decided since he couldn’t get a good attorney and because he was locked up and incarcerated and he was being forced to take a plea. He elected to an open plea basically making the judge follow the letter of the law and sentence him based on the guidelines. Although the guidelines had been found unconstitutional in January 2005, the Supreme Court said the judge’s were still supposed to use the guideline manual as a guide when sentencing.

Probation who prepares the PSR for the court for the day of sentencing said the seal was a level 14, but the day of sentencing the prosecution argued that his earlier crime of 1988 was a violent crime, although it wasn’t classified as a violent crime in 1988. The seal had instructed his attorney to argue “EX POST FACTO” but she never did. And allowed the judge to re-define the 1988 crime as a crime of violence and apply it to the seal record and sentence. The judge said she believe the seal to be dangerous and gave the seal 36 months.

Under the federal system you have 10 days to give a notice of appeal, but you also have a grace period of 30 days if you can show cause. The seals mother called his attorney and told her that her son was planning on filing an appeal. The attorney Kim Hodde called the jail but the seal refused to return her calls. One day the seal was taken to the booking room where he was handed the phone and it was his attorney and she said if the seal attempted to file an appeal the federal judge was prepared to in crease his sentence.

Since the seal had already done 22 months in the county jail with good time he only had 1 more years to serve. The seal was transferred to FCI Butner in North Carolina. From the time you are sentenced you have 365 days to file an additional appeal on your case under a civil statue. So