Monthly Archives: June 2016

BLOG NOTE TO “REENTERING SOCIETY”

by Wayne T. Dowdy

This is not intended to be legal advice, but I do not like errors; especially, if I am the one who makes them. When rushing to prepare for sending “Reentering Society” to Midnight Express Books to post for me on the morning of June 6, 2016, I accidentally hit some combination of keys that sent it before I was ready to depart with it. My plan was to go over it one more time to check everything for accuracy and to make corrections.

After I had accidentally sent it, I sent an email to explain what had happened and asked that MEB correct the last sentence and to modify the position of CONCLUSION. And then after sending that email, I had a couple of minutes before the computer kicked me off (we can only use the Public Messaging System for 30-minutes per session and must wait 30-minutes to get back on), so I reread the blog and found other errors. I had to go to work before I could get back on to ask MEB to correct them for me. They corrected the error I emailed them about but had already posted the blog by the time I came in for lunch.

ERROR: I listed the “Johnson” deadline as June 26, 2015, which should have logically been June 26, 2016, since the Supreme Court handed down the decision on June 26, 2015. Federal prisoners have one-year from the date of the decision to file a motion under Title 28 U.S.C., Section 2255, or to file for permission to file a second or successive 2255, the latter of which must go to the appellate court in a motion under Title 28 U.S.C., Section 2244 for permission to file another one.

MORE ERRORS: Then I found other errors in the same paragraph, which is the last one I decided to add that morning (06/06/16). I had and extra “to” in “Now, due to a long shot chance I have of obtaining my own freedom, I must to rush to ….” Of course, most people won’t notice such flaws in their rush to read blogs, but, with me being a writer, I am conscious of what I write and usually edit out errors. I would have done the same with these errors, if not for my computer error.

Another error was where I wrote, “Some Courts are rightfully applying it to other similar provisions in various statutes, such as Title 18, Section 924(c)(2)(B), which is where ‘crime of violence’ is defined and contains similar language, as does the statute for immigration (18 U.S.C., Section 16(b)).” 924(c)(2)(B) is incorrect. It is 924(c)(3)(B) where Congress defined “crime of violence” for violations of Section 924, which is the penalty provisions for firearm offenses.

The United States Court of Appeals for the Eleventh Circuit granted a petitioner permission to file a second or successive 2255 concerning a Hobbs Act robbery charge and the consecutive sentence under 924(c)(3)(B). The case title is In re: Ricardo Pinder, Jr., Petitioner, 2016 WL 3081954 (11th Cir., June 1, 2016). The Ninth Circuit and others have applied Johnson to Title 18, Section 16(b). See Dimaya v. Lynch, 803 F.3d 1110, 1114 (9th Cir. 2015); see also United States v. Vivas-Ceja, 2015 BL 421176 (7th Cir. Dec. 22, 2015).

I am now serving the consecutive sentence imposed for my violation of 18 U.S.C., Section 924(c)(1)(A), “Use of a Firearm During the Commission of a Crime of Violence.” Should I convince the courts that it is unconstitutionally vague, I will win my immediate release. That may take months and I may be free before it goes through the process but you can’t win the lottery if you don’t buy the ticket.

Sorry for the errors. I will do better in the future if me and this darn computer can get along better. 🙂

REENTERING SOCIETY

by Wayne T. Dowdy

When my day comes in the near future, I will be approaching the free society like the Columbia Space Shuttle reentering the atmosphere without all of its protective tiles, or like a meteor heading straight for a collision course with the earth:  I will burn up because of the friction created in the atmosphere of society, caused by my reentry into a distant world of free citizens, unless I proceed with caution and the protection of knowledge, draped in a determination to succeed against the odds.

I must remain constantly aware of the transitional aspect of my journey and how I am affected by all that has changed since my departure three decades ago.  Upon my reentry into a time-warp-zone, I will fail to become a productive member of society if I do not take advantage of the available help now available to prisoners, which will help me ease into a normal life, whatever a normal life may be “out there.”

After my release, death will be inevitable but I will have a choice on whether it will come to me while I am a free man, or as a recidivist who returns to prison because of his thug lifestyle, or as a drug addict who dies because of his addiction and lifestyle, or as a man who fought to change and succeed at changing his life.  My choice is the latter.

COVER.inddIn “No Sympathy” I wrote about my transition into society after serving seven years in the State of Georgia’s prison system and my eventual return to prison (recidivism).  I use my experience to show others that it did not have to be that way:  I did not have to return to prison.  I made choices that led me to where I now write.  I use my story to promote change in a broken criminal justice system and am pleased to see that some of the issues I pushed for over the years have come into existence.

In May 2015, I had my publisher to send Georgia Governor, Nathan Deal, an email for me and an electronic copy of my blog (“Snake vs. Politics,” 03/13/15).  In my blog, in the section subtitled, “Political Promises & Incarceration,” I praised Governor Deal for what he had done and planned to do in the Georgia Criminal Justice system and its prison system.  I know his action will lead to favorable results; e.g., his creating re-entry programs for those released from prison and juvenile diversion programs to stop the flow of juveniles becoming career offenders.

In another essay I wrote and then posted on my blogs (The Truth About Incarceration, Part II); in a subtitled section, “Reentry & Recidivism,” I wrote about the Honorable Eric Holder, former U.S. Attorney General and President Obama for creating reentry initiatives to help ex-offenders find employment, treatment for drug, alcohol problems and mental health issues.

Those reentry initiatives are more of what I pushed for and know will have a positive impact on the lives of those released from prison, as well as for American society as a whole.  (We are all a part of “one,” whether we want to be or not.)  I cried out for all of that in “No Sympathy” when I revised it in June 2014 before I put it in my personal magazine (ESSAYS & MORE STRAIGHT FROM THE PEN) and posted it online as an eBook and then on my blog for everyone to read for free.

I have written other blogs that mention recidivism rates and my experiences over the years that will increase my chances of getting out and staying out when released.  Some blogs contain humorous parts but still draw attention to important issues.

In “Rain, Blogs, Frogs & Politics” (November 3, 2015), and in “Vacation in Prison” (April 8, 2015), I wrote about my position in the Federal Prison Industries (trade name UNICOR).  My experiences and skills learned in the organization will help me to secure employment upon release.  I have been fortunate to have obtained legal skills foreign to most prisoners.

Then in “Teaching Cons New Tricks–Creative Writing and Q.A. Apprenticeship Program” (April 15, 2015), I did the same (wrote about skills learned to help me reintegrate into society).

UNICOR is a non-profit organization set up by Congress in the mid-thirties to make various cotton duck cloth items, originally strictly for the military and other government agencies.  The business structure of UNICOR operates similar to the United States Postal Service by generating its own funding, rather than depending on Congressional budgets.

I show in my essays that UNICOR reduces recidivism by teaching inmates marketable job skills.  Even though in recent years, UNICOR seems to have lost focus of the fact that Congress created the organization as a work program for inmates; not as a conglomerate to become a good-ole-boys fraternity or undercover, profit-generating organization, where profits must disappear into staff bonuses and purchases of elaborate office furnishings or maybe into expense paid trips justified as business necessities.

By their Program Statement, UNICOR has an Inmate Scholarship Award where UNICOR contributes funds to assist inmate employees in paying for college courses; however, the budget for the Inmate Scholarship Awards disappeared, probably into some lavish furniture or extra large bonus for Washington Officials who stripped the funding from the program.  Imagine that, misuse of government funding:  Spend funding on unnecessary items rather than on maintaining a program known to reduce recidivism.

Programs that allow inmates to learn new skills, improve their education, and to learn a new way of life benefit inmates and society:  It is a cost-effective way to reduce recidivism and to help create more productive and constructive members of society.  In “Snake vs. Politics,” I challenged all politicians to read “No Sympathy” when deciding on what is needed to reduce recidivism rates in America.  Maybe some of them actually took me up on the offer.  I feel reasonably assured that Governor Nathan Deal accepted the challenge.  He continues to strive toward making prisons do what society needs done to shut the well-known “revolving door” of recidivist that plague the nation.

CONCLUSION

I will write a more technical blog on Reentry and Recidivism next time I have time to write.  Most of my time has been going toward legal work to help other prisoners file post-conviction relief motions, in an effort to help them obtain their freedom.  I won two out of the last five and hope to go five and O.  🙂  Now, due to a long-shot chance I have at obtaining my own freedom, I must rush to seek permission to file a motion to challenge my own conviction before the June 26, 2015, deadline.  Recent changes in law due to the United States Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (June 26, 2015) is what has changed.  As I wrote in “Violent Crime Misconception,” Johnson invalidated a provision of the Armed Career Criminal statute, known as the “Residual Clause.”  Some courts are rightfully applying it to other similar provisions in various statutes, such as Title 18, Section 924(c)(2)(B), which is where “crime of violence” is defined and contains similar language, as does the statute for immigration (18 U.S.C., Section 16(b)).  I have to show armed bank robbery is not “categorically” a crime of violence because a person can commit the crime without rising to the level of violence required to show it is a violent crime. A lot of legal jargon with lots of meaning for those fighting to live another day as free men and women.

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09012015002004Purchase “No Sympathy” as one of eleven essays in the collection, ESSAYS & MORE STRAIGHT FROM THE PEN by Wayne T. Dowdy, $8.95 USD, available from all major bookstores and eBook retailers.  Read No Sympathy for free online or by downloading the individual essay from Smashwords.com and other eBook retailers.

Due to technical issues, the release of UNKNOWN INNOCENCE was postponed.  The pagination was reduced and the book reformatted.  The tentative plan for release is June 15, 2016.  The listed price is $14.95, USD.  At 85,000-words, that is a deal:  Two books in one.  Those without Internet access may purchase it from Midnight Express Books, P.O. Box 69, Berryville, AR 72616 (email:  MEBooks1@yahoo.com).  All others may buy it from their favorite bookstores or eBook retailers, including the AppleiBookstore.

Follow my blogs at straightfromthepen.wordpress.com and waynedowdy.weebly.com.  Send comments to waynedowdy@straightfromthepen.com.  I will respond when my publisher forwards them to me, when a response is permissible.