Oso Blanco’s Sentence Could be Reduced!
from Free Oso Blanco, via Earth First! Newswire, May 17, 2016
[Background: Oso Blanco (Byron Shane Chubbuck) is a wolf clan Cherokee / Choctaw raised in New Mexico. His Cherokee name is Yona Unega and he became known by the authorities as “Robin the Hood” after the FBI and local gang unit APD officers learned from a CI that he was robbing banks to send thousands of dollars worth of supplies to the Zapatista Army of National Liberation in Mexico on a regular basis during 1998 and 1999.]
The Supreme Court recently ruled that the Armed Career Criminal Act is too vague under certain sentencing procedures. Well, whaddya know, Oso Blanco was sentenced under this. THIS IS THE BREAK WE HAVE BEEN LOOKING FOR OVER THE PAST 17 YEARS!!!
Thanks to fundraising efforts and donations from people like you, Oso Blanco was able to receive a partial assessment from a law firm [see details below]. Through this, and help from an awesome volunteer, we were able to figure out that Oso Blanco must file his appeal by June 25, 2016! As you may have heard, the “residual clause” of the armed career criminal act (ACCA) was declared “unconstitutionally vague” by the u.s. supreme court in Johnson v. u.s. Just last month, in April 2016, this ruling was declared “retroactive”, meaning that in can apply to old cases like that of Oso Blanco. However the deadline for appeals based on the Johnson decision is approaching.
What this means for Oso Blanco and his outside family and community is that he has a chance to reduce his sentence and he has just under two months to do it. Meanwhile, he has very limited funds and USP Hazelton is basically holding him incognito pending transfer, with few letters getting in or out, despite all of our emailing in protest.
Notes from Earth First! Journal, received from his support crew.
Oso Blanco’s current address is:
BYRON SHANE CHUBBUCK #07909051
P.O. Box 2000
Bruceton Mills, WV 26525 ]
Visit http://freeosoblanco.blogspot.com to learn how you can support freedom for Oso Blanco.
From some lawyers to Oso Blanco: “Based on the research that I was able to complete in your case, I encourage you to file motion under 28 USC § 2244 in the Tenth Circuit Court of Appeals seeking authorization to file a successive § 2255 motion based upon the new rule of constitutional law articulated in Johnson v. United States, 135 S. Ct. 2551, 192 L. Ed. 2d 569 (2015). The Johnson Court declared that a key clause defining violent offenses in the Armed Career Criminal Act (“ACCA”) violated “the Constitution’s prohibition of vague criminal laws.” Id., 135 S. Ct. at 2563. Since that time, numerous courts have applied Johnson to other statutes containing a similar clause defining crimes of violence and granted relief to those inmates. This includes inmates who received the Career Offender enhancement under U.S.S.G. § 4B1.1 and inmates convicted of using a firearm during a crime of violence under 18 U.S.C. § 924(c)(3). In fact, a district court in the Eastern District of California recently dismissed charges under § 924(c) on the grounds that § 924(c)(3)(B) is unconstitutionally vague. See United States v. Lattanaphom, Case No. 99-cr-0433 (E.D. CA, Feb. 16, 2016).
And, Just 10 days ago, the Supreme Court conclusively found that the rule in Johnson applies retroactively to defendants like you, seeking post-conviction relief. See, Welch v. United States, No. 15-6418 (April 18, 2016). You were convicted of use of a firearm during a crime of violence under 18 U.S.C. § 924(c). As a result of a combination of the above cases you can make an argument that your § 924(c) conviction and the 40 year sentence, could be vacated. Therefore, it makes sense for you to try and seek relief based on Johnson in a motion under 28 USC § 2244. Importantly, our research shows that under the AEDPA, inmates have only one year after a decision issuing a new rule of constitutional law to file a post-conviction motion. The decision in decision in Johnson was delivered by the Supreme Court 2 on June 26, 2015. Therefore, if you are going to file a motion attacking your conviction and sentence, make sure to file a § 2244 motion in the Tenth Circuit Court of Appeals no later than June 25, 2016.”