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Josh Moyer was sentenced to 24 years in.prison and he came out stronger than.ever today we're going to hear a story.Josh thanks so much for being a part of.the prison professor's team we're glad.to have you glad to be here Michael so.josh is really an exceptional.exceptionally knowledgable about the law.and just in this introductory episode.I'd like Josh to tell us a little bit.about your experience what brought you.into the prison system and how did you.become such an expert in understanding.how a post-conviction litigation.procedures well I guess it happened by.accident I'm sure a lot of us end up.getting in trouble by accident we don't.really mean to do it but at 23 I ended.up getting involved in a sting operation.with the ATF I was foolish enough to go.to trial instead of taking a guilty plea.because I didn't realize that I really.didn't stand a chance of beating the.government unless I had you know four or.five hundred thousand dollars to trial.with so well even then that doesn't.necessarily mean you're going to beat.the government but certainly all don't.have money it's a it's a happy words.towards a million dollars to actually.have you know what they would consider a.legitimate federal trial I mean and.that's just for any single defendant so.it's ridiculous so you you did go to.trial I presume with a federal defender.yes yes and you're convicted at trial.and and tell us about the experience.what where did you go and how did you do.your adjustment well I started out in.Tampa I went through Atlanta as many.people do I'm sure you you were there.for you know quite a few years I said I.was in the general population there.right after the Cuban riot in 1988 yeah.I'm out heard so many stories about that.over the years but I guess we could save.that for another fun sure uh you know.it's like anything else you know III.knew that what had happened was really.bizarre it didn't seem to sit well with.me aside from the fact that I've just.been sentenced to 24 years in the US.District Court in Tampa so I started out.trying to learn about you know this.crazy and bizarre world I found myself.in.so I could become knowledgeable instead.of relying on other people to how early.in the sentence were you when you made.that decision immediately so you started.hanging out in the law library and what.was your educational background before.you started doing this work I just had a.GED that I had you know that I'd gotten.I'd gotten kicked out of high school at.a young age because I was a knucklehead.and just went back got my GED so you got.her GED imprison her before prison.before so then when you get to prison.you start hanging out in the law library.and what do you start doing back tenant.was books you know we didn't have lexis.and Westlaw it was just stacks upon.stacks of books I started reading cases.I started reading different briefs that.guy's attorneys had filed it came to me.that were asking me questions about it.because they saw me in the law library.six to eight hours a day every day so I.guess I just sort of like figured out.what I thought was effective mimic the.different techniques you know that I'd.saw different attorneys you used to.write briefs and you know I started.writing briefs from myself and then.eventually started writing briefs for.other people and when you say you were.writing briefs were those direct appeals.were they 20 were they habeas corpus.petitions were they Bivens actions were.they what were they actually a you know.eventually it became a little bit of.everything that's great that's great so.why don't we start by helping people.understand the very different concepts.of post-conviction litigation so after.there is a sentencing hearing is it I'd.like you to help us understand once the.judge says I hereby sentence you to the.custody of the Attorney General what.level after he does that what level of.jurisdiction does that district court.judge have over the individual well.you've got a you've got a certain time.that you can file a notice of appeal I.think they changed the rule it used to.be shorter but it's 14 days now I.believe to actually let the court know.that you want to take an appeal of your.sentence of your conviction to United.States Court of Appeals and once you.file that appeal to.the district court pretty much has you.know limited ability to act afterwards.unless you're filing some sort of post.trial motion for a new trial based on.newly discovered evidence or something.and usually a lot of people don't do.that because they don't have access to.that sort of information and the federal.defender's office is really isn't gonna.do a whole lot of digging to see if.there's other evidence that they missed.the first time around so I think it's.important for people to understand what.you just told them and that is a.district court judge is the finder of.fact and that is where they're going to.determine guilt or innocence and there's.going to be a series of procedures and.processes that take place they go all.the way through the guilty plea that's.the pre-sentence investigation report.the sentencing hearing and after that it.goes to a different court and Josh.called them the court of appeals also.known as the circuit court the circuit.court what are they doing are they I.want you I don't want to put words in.your mouth so I'm just gonna ask you the.question in the circuit court do you.have the ability again to try and argue.guilt or innocence or what are you.trying to accomplish on that direct.appeal to the circuit court.well since 97 or 98 percent of federal.cases are resolved in a guilty plea that.usually means that you know if the.defendants file an appeal.he's probably dissatisfied with the.length of the sentence or different.aspects of the sentence so it's going to.be limited what did what the three.circuit three panels.three judges on the panel that's okay a.three-judge panel in the circuit court.will review whether or not you know the.district court abused its discretion or.made a clear error when it applied the.law to the facts and in termini.different factors under the sentencing.guidelines to control the sentence most.most of the time it's going to be the.guidelines issue very rarely do they.sentence above like a statutory maximum.you know if it would actually so the key.takeaway there is that with the judge.the three-judge panel that sits on the.circuit court what they're doing is.reviewing whether the judge on the lower.level court the district court level.really followed due process or whether.he abused discretion or whether there's.something that they that that he did.inappropriately the judges are really. they're not going back and forth.and saying whether there's innocent or.guilt and if they are on a direct appeal.that somebody went to trial like Josh.did or I did then they're going to be.looking at the same thing due process.was there did the prosecutors reveal all.the exculpatory evidence did they was.there prosecutorial misconduct that if.that kind of thing is that right Josh.that's what happens at the circuit court.they're reviewing this the district.court definitely and it's it's really.deferential they're extraordinarily.deferential to decisions the district.court judges make so nine times out of.ten if there isn't just something like.completely and totally egregious error.during.even if they find an error they're gonna.say oh well look you know we may not.have done it that way but the district.court had discretion you know to select.the appropriate sentence so forth and so.on so it's a really deferential standard.review it's difficult to win a direct.appeal and so I think it's important for.people who are going into the system to.really understand what they're what what.level of difficulty they have trying to.prevail first of all the district court.but if they don't prevail there how much.more difficult that's going to be at the.circuit court and then there's only one.other place to turn after that and.that's the US Supreme Court can you tell.us a little bit about the procedure to.try to get from the district court if.you don't like the district courts.appeal to go.to the the assert the Supreme Court.what's that process look like.well if if there's an adverse decision.by the three-judge panel that we just.discussed in terms of making a decision.in a given appeal.you can either file for a panel.rehearing or rehearing um bunk which is.basically ask all the members of the.court to you know if the issue is.important if there's a split and aside.from just those three judges if other.judges would like to rehear it which.they normally don't then you can.actually file a petition for writ of.certiorari to the United States Supreme.Court and that's like asking permission.to bring an appeal to the highest court.in the land isn't that right definitely.and they grant less than one percent of.cases that are filed in front of them.and only a fraction of them are criminal.cases so it's really a long haul if.you're going to try to plead not guilty.and you're convicted at trial there's a.long call to justice.if you've pleaded guilty what we heard.from Josh is you're probably going to be.appealing the federal sentencing.guidelines it that's the only way you'd.be involved with a circuit court but.there's another process which could be.pursuing a 2255 and I would like it if.you could help our audience understand.what is a 2255 Josh and how does it.influence their their journey on 2255.basically is today's statutory.equivalent of habeas corpus it's a form.of collateral review and most defendants.are going to raise some issue with the.representation that they received that.their attorney was ineffective for.failing to present evidence in this case.for purposes of discussion at sentencing.that could have netted them a lower.sentence and that's going to be reviewed.under the rubric of what's commonly.known as ineffective assistance of.counsel and tell us about the the very.famous case Strickland versus Washington.and how that applies to an ineffective.assistance of counsel claim well.Strickland was one of the big cases that.laid out the deficient performance and.Prejudice prongs basically saying.deficient performance that the attorney.performance fell below a standard of.objective reasonableness and even if you.showed that the attorneys performance.was deficient you still have to prove.prejudice which is a reasonable.likelihood that the outcome of the.proceedings would have been different.had the attorney done X Y or Z and how.difficult is it to overcome that.challenge of Strickland versus.Washington it is it's extraordinary.extraordinarily difficult because they.set such a high bar for prejudice now.it's not impossible I have seen people.prevail I've seen a great number of.people prevail but I mean it's it's.definitely not walk in the park and.that's why we need to have an expert.like Josh Boyer helping us or at least.being a consulting guide to people who.are trying to pursue this path it's not.something that somebody wants to try.right off the bat because you've got how.many how many times have you helped the.people with various forms of either.direct appeal or habeas corpus position.during the 17 years you served in.federal prison Josh what would you.estimate probably a couple of hundred.not it has to be at least that I mean I.you'll attract years but you lose track.not and but and and every one of those.you know you talk about law is the.practice of law it's actually reading.all of the cases it's doing all of the.work and the 17 years that he served in.prison has made it him him an invaluable.resource for anybody is trying to.approach the judicial system and right.now as we're filming this episode and as.you've been so helpful to us with prison.professors you're also really involved.in this other form of of requesting.relief and that would be the 3582.pursuit which is compassionate release.and also the 2241 pursuit which is.challenging the constitutionality of.confinement I'd love it if you could.tell our audience a little bit about.both the 3582.and the 2241 and what differentiates the.two well it's interesting because prior.to the passage of the first-step act.what just sort of happened late 2018.early to nineteen when it finally got.past once you filed a 22.fifty-five even if you had an.extraordinarily long sentence there.wasn't any recognized vehicle for the.judge to actually go back and reconsider.your sentence even if they felt it was.excessive later on for any reason but.the good news is when they did pass the.first-step act they made some changes to.the statute you just referenced 3582 and.basically now district courts rather.than the Sentencing Commission had the.ability to interpret language in that.statute which basically gives the court.discretion under extraordinary and.compelling circumstances to reduce a.sentence and we're in extraordinary and.compelling circumstances right now.because we've got federal judges closing.down federal prisons tell us a little.about what you've learned about this.kovat pandemic and how courts are.responding.an exhaustion requirement that normally.if you're like you talked about Bevins.earlier we talked about twenty to forty.one that requires basically prisoners to.present an issue regardless of how.serious it is all the way up the.administrative chain in the Bureau of.Prisons to the warden to the regional.office to the central office prior to.kovat nineteen they didn't relax that.standard at all if you failed anyone to.meet any one of those steps of.administrator of review they would just.kick your petition out of court and they.wouldn't even look at it now because of.kovat nineteen in the emergent.circumstances that have kind of emerged.courts are guys are going straight in.the court and basically getting review.without having to even present the issue.to the Bureau of Prisons now I'm not.saying that I would advise everybody to.do that however if it's an emergent.situation if there's if there's somebody.in there that's suffering from an.underlying medical condition that needs.of me to get attention given the spread.of this virus and how deadly it's been.you don't want to wait 30 days and.courts really realizing now that hey.look we're gonna relax the standard and.we're gonna go ahead and deal with this.in the first instance rather than.require this inmate to present this to.the Bureau of Prisons first well.interesting you just said thirty days my.experienced administrative remedy is a.little bit longer what is your.experience and how long it takes to.exhaust that administrative remedy it.could take six months on the only reason.that I mentioned the 30 days is that's.the language that was incorporated into.the statute and it's one way that.Congress was concerned about how these.guys that were sick and covet nineteen.that wanted compassionate released.because of terminal medical condition.they didn't want their paperwork getting.lost in the process and them not having.a vehicle to go into court and getting.held up by the be OPM potentially not.having anybody resolved our issue so.they did set a 30-day window in the new.statute in that 30-day window though.still requires them to go that's after.the six months so it's actually worse.than the six months for administrators.first exhaust your administrator and.then wait 30 days then then you file in.court but now you're saying that's been.excused or relaxed at least in some.courts it's been excused in such a great.number of cases I mean if we look back.on the 30 years where the exhaustion.requirement comes from is litigation or.sorry legislation referred to as the.prison Litigation Reform Act and that.basically says before a prisoner is.allowed to bring any type of suit into.court that they want them to first.present it to prison officials and give.them an opportunity to resolve it.administratively well using our enormous.resource in helping people understand.that Josh what is your resources what.are you using now that you're home to.help people where do you go to find when.you were in prison you had access to the.law library now that you're home what.are you using as a resource to help you.build these cases I'll tell you what a.dumb Berman over it sentencing law and.policy he's a law professor at Ohio.State University there he's he's got a.awesome resource there on sentencing.TypePad yeah and he him and a couple.other guest bloggers they pose daily on.there about compassionate release about.courts in interpreting the extraordinary.and compelling language that we just.discussed and especially on kovat 19.releases so you're providing an enormous.amount of experience because the average.layman wouldn't even know about Doug a.professor Berman's blog in fact we could.pull it up right here just to show it.into the screen and what is it is it's.um I forgot the name of his blog.sentencing long policy so we go to.sentencing law and policy and get a look.at it sentencing law and policy and.there it is.blogs bad I've seen it before and there.he is every day you'll notice there is a.new there is a new case some exhausted.musings on the so called exhaustion.procedure required for sentence.reduction emotions under 3582 C 1 a so.every day we've got new content up here.and it's really important.for people to be reviewing this document.they're gonna be pursuing their own.legal research so this is your primary.source here of where you're getting.getting information what else are you.using i use bloomberg a lot too it.basically is what gives you docket.access you can just go in there is that.rather than pacer yeah yeah is this a.free service or do you have to subscribe.you have to subscribe but I mean that's.the the benefit of having you know.friends that do this you know I get to.kind of like piggyback right on right on.and so they have is this as good as.Lexus it is um Lexus doesn't really give.you a full range access to the dockets I.think they're kind of selective in terms.of the briefs and pleating so stuff that.you can access but I mean as we're.hearing about all this stuff going on at.Elton at Oakdale and Louisiana about the.huge outbreaks in the and they've got.some really sad stuff happened there but.Elton just the other day the federal.judge over there at Ohio issued a.preliminary injunction basically finding.that as a preliminary matter that.because they failed be Opie's failed to.implement social distancing and you know.basically the hygiene requirements that.are mandated by public health officials.that they're actually violating on a.broad scale the Eighth Amendment right.of the inmates there at Elton's and in.explain it to it to our audience who's.not as familiar with the Constitution as.we all should be Eighth Amendment and.explained its relationship to cruel and.unusual punishment well yeah yeah just.like you said Michael the Eighth.Amendment prohibits cruel and unusual.punishment in this case it would be.either deliberate indifference to safety.or deliberate indifference to somebody.serious medical needs if somebody had a.serious underlying medical condition.that would make them more susceptible to.contracting and experiencing serious.complications in lytic ovid 19 they've.held that.the space parameters basically people.are living on top of each other they.can't stay more than six feet away from.the next guy they don't have access to.the chemicals and disinfectants that.they need the ventilation system yeah I.mean it's like inviting some people with.kovat 19 into your house bringing.everybody in a room closing the doors.and closing the windows and expecting.that nobody's gonna get it it's.ridiculous well people who are striving.to get justice for their loved ones.would really really be fortunate to work.with Josh Moyer he we consider him an.outstanding resource at prison.professors definitely a team member for.anybody who's facing challenges that.need some judicial help and we use him.as a resource and we would encourage you.to do the same thing as well you can tap.into him just very simply contacting our.team member justen but Bernie who kind.of coordinates these one-on-one calls.I'm just striving to provide as much.information I wanted to introduce Josh.Moyer one of our prison professors who's.an expert in really was an expert in.litigation while he was serving time in.prison and if you need that help in your.own pursuit you should certainly reach.out and connect with Josh so thanks so.much Josh Michael great talking to you.

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Petition For Home Incarceration FAQs

Note answers to questions about Petition For Home Incarceration . View the most useful topics and more.

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Do military members have to pay any fee for leave or fiancee forms?

First off there are no fees for leaves or requests for leave in any branch of the United States military. Second there is no such thing as a fiancée form in the U.S. military. There is however a form for applying for a fiancée visa (K-1 Visa)that is available from the Immigration and Customs Service (Fiancé(e) Visas ) which would be processed by the U.S. State Department at a U.S. Consulate or Embassy overseas. However these fiancée visas are for foreigners wishing to enter the United States for the purpose of marriage and are valid for 90 days. They have nothing to do with the military and are Continue Reading

How can I make it easier for users to fill out a form on mobile apps?

Make it fast. Ask them as few questions as possible (don't collect unnecessary information) and pre-populate as many fields as possible. Don't ask offputting questions where the respondent might have to enter sensitive personal information. If some users see you collecting sensitive information, they might not be ready to share that with you yet based on what you are offering, and they will think twice about completing the form.

If you left a survey for burglars to fill out the next time they ransacked your home, how would they rate the experience?

Hi! Please rate your ransacking experience. Access to the property Fairly easy. Enough space to come next to the patio entry with a van (if you don’t hit the large walnut tree next to it). Quiet neighbourhood at night, Highway not to far away. Difficulty to break in Breaking in was ridiculously easy. The ‘garden door’ is not locked, but tied with a sling which holds both parts together. Balcony door seems broken and easy to pick. Main entrance door is super sturdy but we didn’t use that one (see below). Upper floor windows are pretty safe and apparently there’s always someone awake (see below). Ala Continue Reading

How do I fill out the form of DU CIC? I couldn't find the link to fill out the form.

Just register on the admission portal and during registration you will get an option for the entrance based course. Just register there. There is no separate form for DU CIC.

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