My research has uncovered a significant error in the criminal code.

The federal TITLE 18 criminal code was codified in 1909, again in 1940, and again in 1948. In 1909 and 1940 the jurisdictional section for federal courts only authorized prosecution under TITLE 18 crimes, not under drug crimes or IRS crimes. The 1940 statute, 18 USC 546, was never repealed or amended.

That statute, which is still valid, only authorized prosecution for 1909 TITLE 18 crimes, nothing for U.S.C. United States Code TITLE 21 DRUG ABUSE PREVENTION AND CONTROL or TITLE 26 INTERNAL REVENUE CODE.

Anyone who was imprisoned under these statutes may be released challenging the validity of TITLE 18.

Furthermore, under the Fair Waning Doctrine, to prosecute someone under a prior statute, a person must be given warning under that statute. Therefore, no possible prosecution exists under TITLE 21, TITLE 26, or under any TITLE 18 charge other than those listed in the 1909 act, but prior notice is required.

Your case could be reopened challenging the jurisdiction of the DOJ and BOP to charge and incarcerate federal prisoners where prosecution exists under TITLE 21, TITLE 26, or under any TITLE 18 charge other than those listed in the 1909 act which deprives the court of jurisdiction over any criminal case you would be seeking declaration of innocence and damage.

Research has verified the evidence directly from Congress that Public Law 80-772 was never Constitutionally passed by Congress, the only statute which gives the court jurisdiction to indict and convict on any crime is TITLE 18 listed in the March 4, 1909 Act to codify, revise, and amend the penal laws of the United States. [see: SIXTIETH CONGRESS. Sess. II. CHs. 320, 321. – 1909.]

No court can challenge this lack of jurisdiction as presented or the evidence obtained found directly from Congress. All administrative and court remedies have been exhausted in the action before court.

A. Bond Opens the Door:

One of the most significant cases in recent history related to jurisdiction and the right to challenge a federal statute was ruled on by the Supreme Court on June 16, 2011. In Bond v. United States; No. 09-1227; the Supreme Court, in a 9-0 decision, ruled that Bond had "standing to challenge a federal statute on grounds that the measure interferes with the powers reserved to States" pg. 3-14. "Anything in repugnance to the Constitution is invalid or unlawful." Bond, supra.

Bond now opens the door for a challenge 18 USC section 3231 part of the enactment of TITLE 18, which states: "The district courts of the United States have original jurisdiction, exclusive of the Courts of the States, of all offenses against the laws of the United States. Nothing in this title shall be held to take away or impair the Jurisdiction of the courts of the several States under the laws thereof." Without the validity of 18 USC 3231 a federal court must revert the powers of the federal courts back to the states. The Bond ruling provides standing for anyone to challenge it USC 3231 and any crime that could have been tried by the state where you would have received less time (in many cases the state decided- not to prosecute at all). See U.S. v. Sharpnack, 355 US 286 (1957). "It further specifies that "Whoever guilty of any act or omission would be punishable if committed or omitted within the jurisdiction of the State which such place is situated, by the laws thereof in force at the time of such act or omission, shall be guilty of like [federal] offense and subject to like punishment."

B. Relief Requested

You are requesting a declaration factual innocence. Once the court declares actual innocence, then the Petitioner will be allowed to seek damages estimated of up to $3,000 per day. Those damages will come in 4 forms:1

1) violations of 28 US 2513, Unjust Conviction and imprisonment which requires the amount of damages awarded shall not exceed $100,000 for each 12-month period of incarceration for any plaintiff who was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff. And $3,000.00/day for anyone declared actually innocent;

2) violations according to the Citizens Protection Act of 1998, which will be requested at $4 million per person;

3) damages for violations of federal tort actions and

4) Constitutional violations.

D. Who is eligible

Anyone who was charged with a federal crime since 1948 of any kind, whether TITLE 18,TITLE 21, TITLE 26, or any other 'federal' crime, and whether pretrial, in trial, post-trial, or released from the system. This includes anyone, whether you entered a plea agreement or went to trial.


1 Damages come in tort forms; 18 USC 2513 provides $50,000 per year; the Citizens Protection Act of 1998 allows damages for much as $4 million; Tort actions and Constitutional actions allow damages for actual innocence. The total average recovery for false imprisonment is $3,000.00 per day of confinement.
1 The Enrolled Bill Rule, Field v. Clark, 14,3 .S.649 does not apply to a proper challenge, because Munos Flores, Clinton v. N.Y., and Bond v. United States, overturned Field v. Clark.

Memorandum of Law in Support of Habius Corpus




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