There are a few things you should know when on a direct appeal in reguards to getting resentenced..
1. “prohbition against prosecutoral vindictiveness does not create absolute bar to increasing the charges or imposing a more severe sentence upon conviction after retrial. (blackledge v. Perry 417 U.S 21 28-29, 94 S Ct 2098 40 . ED 2d 628
2″ a prosecutor may add new charges on remand following a defendants successsful appeal if it was not possibke to bring the new charges previously (blackledge V. perry 417 U.S at 29 N-7 United states Vs Raymer 941 f.2d 1031
3. “Here there is no indication that the re-sentencing court impose a more severe sentence becasue Wright appealed. Indeed, the ocurt expressly acknowldged its obligation wehn it stated that although it had reviewed the first sentencing courts decisions, it had to make an :”independent judgement”. Accordingly we reject wrights du-process based on procedural reasonableness challendgs.
4. “noting that a more sever sentence on resentencing does not give rise to a presumption of vindictiveness if the reasons for the increase affirmatively appear in the resentencing record. (unites states vs. Foweler 749 F.3d 1010, 1023 11th cir)
5.”The presumption of vindictiveness is inapplicable when different sentencers assessed the varying sentences. The presumption dervies from the judges personal stake in teh prior conviction, which does not exist wehn the prior proceedings were conducted by a different judge. And when a second sentencer imposes a GREATER penalty it no more follows that a sentence is a vindictive penalty than that the first sentencer imposed a linient pentaly. When different courts impose different sentences there is no presumption of vindictiveness. (united states of america vs. Rufino Valdez-lopez Defendant.)
The end of the story is the grass isnt always greener on the other side.
I am scared to gamble with my freedom for a “win” on a charge that is possibly unconstitutional to gamble more time re-opening an indictment.
I didn’t go to trial to turn around win and then be forced to plea out like what I’m facing.. for winning.
I truly believe my maternal valor defense and golden rule defense would of won a jury if I hadnt been disbarred and was allowed to talk to my jury without being forced to be compelled against myself and violate my consitutional right in that reguard.
If I had a bench trial where I was pro-se but disbarred I don’t see how it would of been fair for my defenses to all of been nullifed by that court and that judge nor do I find it fair my jury instructions were dircting the jury to convict instead of allowing them to think for themselves outside of the insturctions to convict.
It also would not of ever been a fair trial to have a bench trial with a judge whose job was to convict on instuctions from the laws wording to convict giving the Defendant not allowing them a fair chance to defend themself and actions.
The odds have always been against me with these charges and how I at last resort tried to defend myself and children from the hands of my government as my lawyers have mentioned in the briefings.
I believe these lawyers can overturn this conviction therefore throwing me back into a predjuice district court. Who can impose a harsher sentence based on their feelings.
I believe there should be a rule proposed to congress that does not allow any of the above and also prohbits defendants to be resentenced more than the origional sentence to be fair.
I truly don’t believe the courts or judges would look at my track record in prison being shot free, doing every class ACE and FSA , purposing classes to lower recidivism levels to lower custody levels.. when resentencing me when my lawyers would win. I don’t think they care mommy said shes coming home and doesnt lie. I don’t think they care I have a business and animals. I don’t think they care to consider the emotional distress all of this has taken on me…
At this point I’ve choosen to withdraw my appeal and to take my fight home in 40 DAYS and show a real win and thats take my power back and do what I have to as a mother and not let the courts dictate my every move anymore. I’ve done my time. Its time to go home. I highly reccommend the lawyers on my appeal if you want to win.. but winning is a double edged sword and the government makes the rules as they go.
The co’s want me to go home. They and the women around me ask do you want to win or go home? My case isnt a case of fear for the inmates taking my date.. the respect I have for the work I do shows within itself when the only one taunting taking my date is the FEDS even with my time served. I shouldn’t have to go back into court to hear that.
The workers here all see the unfairness in my trial but the jury who convicted me will never know what was silenced with my first Amendment that was nullifed in my pre-trial before the judge disbarred me. It’s unconsitutional to bar my first amendment when women died for this right.
Upon release I’ll be looking for a paralegal job.. walking into Mark Wykoffs office to tell him I understand why he withdrew from the appeal because as he told me .. “Even with you win .. you still lose when it comes to the government”.
